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(영문) 대구지방법원 2020.02.14 2019고단6489
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2019, the Defendant: (a) 21:26, around 21:26, the Defendant: (b) 112 was drunk before the C cafeteria located in Busan Metropolitan City; (c) and (d) the background leading up to the D District of the Gyeongsan Police Station, which called the Defendant, sent out after receiving a 112 report, and (d) the police officer E sent home to the patrol vehicle to the Defendant, and (e) the horse F was able to take measures to stop home to the Defendant; (c) around 21:44, around the same day, F was set off in front of the G Apartmentdong in Busan Metropolitan City, and (d) the Defendant was able to call the door of the patrol vehicle, and (e) the Defendant f was f was f was bread with the f, and f was f was f, f’s breast at one time, and f was f was frightd with the f’s chest by hand.

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of statutes governing the place of work;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

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. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

In order to establish the law and order of the state and eradicate the light of the public authority, strict punishment on the crime of obstruction of performance of official duties is needed.

The favorable circumstances are confession and reflective.

There is no criminal record exceeding the same kind of power or fine.

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