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(영문) 대전지방법원 2020.11.19 2020고단2944

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, 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 23:30 on May 20, 2020, the Defendant was faced with disturbance, such as noise, etc., on the street in front of Daegu Dong-gu, Daegu-gu, and was demanded by the slope E belonging to the D District Unit of the Daegu Dong-gu, Police Station D District, which was dispatched to the site upon receipt of the 112 report to speak for the personal information, and the Defendant used the above E as a bath, such as “clocks, v. L. L. P.,” and used the above E to walk for several times, and assaulted the left hand once.

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

Summary of Evidence

1. Application of the Act and subordinate statutes to process the police statement of the defendant with respect to the statement E in the court statement of the defendant 12 case report, work log in the D District, damaged photographs, investigation report (kakalk Dogalk-15903179343.43 mp video sp-2)

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: Imprisonment with prison labor for not more than 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 Defendant, who was sentenced to punishment, worn a uniform, took a bath for police officers who perform official duties, and exercised physical power. The nature of the offense is not good.

However, the defendant has no record of the suspension of the execution of imprisonment with labor or heavier punishment for violent crimes, and against the recognition of the crime of this case, the circumstances favorable to the defendant shall be considered, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character, environment, motive, means and consequence of the crime, etc., shall be considered.