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(영문) 대구지방법원포항지원 2020.09.10 2020고단757
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2020, at around 21:40, the Defendant sent to the scene after receiving 112 a report that “Abdones under the influence of alcohol,” and sent it to B by taking a separate measure for the Defendant’s son’s son and D’s son, and then returned to B, at around 22:03 on the same day, the Defendant called the “B police box” located in the north-gu E at the port of port and port of call, and the Defendant demanded that “Ab to communicate to children” at the entrance of the above police box at the port of call, and the Defendant respondeded that “A F of the police box belonging to the Port and Port Police Station B of the Republic of Korea will search for the son and die the son,” and that “I will die the son.”

As above, the Defendant explained that the above C cannot contact the children, and subsequently, the Defendant abused the water disease (500ml) containing water used by his hand to the above C by having the said water disease sticked to C, and assaulting the above water disease to the left eye of C.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation (16 pages of investigation records);

1. The service log of the police box;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The decision-making process and method of the sentence, the injury was not recovered, and the fact that there was a record of punishment three times of a fine for violent crime, including the fact that the defendant is against the mistake and that there was no record of punishment more than the suspended sentence.

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