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(영문) 춘천지방법원 원주지원 2019.05.16 2019고단88

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

At around 05:10 on January 5, 2019, the Defendant: (a) 112 reported from a police officer E belonging to the original police station, who called “A” restaurant located in “C” in “C”, which was drunk and parked therein; (b) on his hand, the Defendant: (c) am in the seat of the D-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Chapter 3 of the case photograph

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

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: The fact that the defendant received a summary order of KRW 3 million due to the crime of obstruction of performance of official duties on December 23, 2009 is disadvantageous to the defendant.

However, the instant crime appears to have occurred as a result of drinking, assault against a victimized police officer, etc. is relatively minor, and the use of a letter from a victimized police officer, etc., are favorable to the Defendant, and other circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, results of the crime, and other circumstances after the crime.