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(영문) 대전지방법원 천안지원 2020.04.06 2020고단607

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

On March 4, 2020, at around 00:12, the Defendant 112 reported that customers fright to walk on the front side of the apartment house B in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant fashed the disturbance, such as bringing a bath to D et al. and trying to board the patrol vehicle, who belongs to the police box of the YY, called the Defendant. The Defendant fashed from the aforementioned D with his cellular phone number plate and fashing to the road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Damage photographs;

1. A detailed statement on handling 112 reported cases;

1. Application of Acts and subordinate statutes to investigative reports (facams and investigation for confirmation of images);

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

2. Article 62 (1) of the Criminal Act;

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

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

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than six months, but not more than one year and six months (decision of imprisonment] for the obstruction of performance of official duties [Article 1] for the obstruction of performance of official duties/performance of duties [the scope of decisions and recommendations made in the area of recommendations] for the basic area: Six months to one year and six months.

3. On March 5, 2020, the Defendant was tried by the Suwon District Court to commit a crime of violating the Electronic Financial Transactions Act, and was not detained due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at home branch of the Suwon District Court, and is currently pending in the first instance trial.

While the Defendant is under several investigations or trials as above, there is a lot of possibility of social criticism by assaulting police officers again.

However, the defendant seems to have taken the attitude of recognizing the crime of this case and committing the mistake.

The victim suffers particular injury.