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(영문) 대전지방법원 천안지원 2021.02.08 2020고단2834

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 4, 2020, the Defendant, at around 04:18, around 04:18, around C convenience stores located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, and around 03:55 on the same day, she rhym the face of a male.

“I would like to die and die to a slope F belonging to the Seocheon-gu Police Station E Zone of the Western Police Station, which is called upon 112 report and confirmed the details of the report from D by the reporter.

The statement refers to "," and the statement was used by F to cover the pentle that was received from F for the preparation of the statement, refuse to make a statement, and assault F, such as following the above F, leading up to both sides of F in both arms, and trying to set up at a canter.

As a result, the defendant interfered with the legitimate execution of official duties of police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements prepared in D;

1. On-site and victim photographs;

1. An investigation report (verification of on-site CCTV images);

1. Application of Acts and subordinate statutes to a report on internal investigation;

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

2. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than five years;

2. Scope of a recommended sentence based on the sentencing guidelines: Imprisonment with prison labor for not less than six months but not more than one year and six months (type determination) for a crime interfering with the performance of official duties; [Class 1] for interfering with the performance of official duties; [no person subject to special sentencing] for interfering with the performance of official duties; [the scope of decisions and recommendations made and recommendations made] for a basic area: Imprisonment with prison labor for not less than six months nor more than one year

3. Upon receipt of a report, the Defendant committed assault by the police officer, such as taking a bridge.

Considering that the defendant has a criminal history that obstructs the performance of public duties in the same manner, there is a lot of possibility of criticism.

However, the defendant recognized the crime of this case and divided the wrong facts.

There is no power of punishment heavier than a fine.

In addition, the defendant's age, sex, environment, relationship with the victim, motive, means and result of the crime.