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(영문) 대구지방법원 2020.05.07 2020고단637
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 16:50 on January 10, 2020, the Defendant visited the 112 report details stating that “no taxi passenger will occur” of the said taxi engineer from F in the Daegu Suwon Police Station C District, on the ground that the above circumstances were said to be the Defendant to pay the taxi fee. On the ground that: (a) the Defendant: (b) sent the 112 report details stating that the said taxi engineer’s “no taxi passenger will occur” in the Daegu Suwon-gu C District; and (c) sent the 16:50 on the 16:50 on the 16:50 on the 201, the Defendant sent the 112 report details on the 112 report details; and (d) made the 1st report details on the 201st report to the 20th report details that the 20th report details were sent back to the 20th report on the 20th report.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. Work log and 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (the analysis of CCTV images in a district);

1. Article 136 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, along with the sentencing circumstances of the Defendant

The circumstances that are disadvantageous: A crime of obstruction of performance of official duties is a crime that interferes with the legitimate performance of official duties of a public official and the public authority of the State, and the circumstances that are favorable to the necessity of strict punishment: The defendant recognized his/her criminal act, and the defendant is the first offender who has no record of criminal punishment.

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