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(영문) 대전지방법원 천안지원 2020.02.21 2019고단2488

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On January 14, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of obstruction of the performance of official duties by fraudulent means in the Daejeon District Court’s Branch of the Daejeon District Court on November 27, 2016, and completed the execution of the sentence in the Daejeon Prison on November 27, 2016. On November 2, 2017, the Defendant sentenced eight months to imprisonment with prison labor for the crime of obstruction of the performance of official duties by the same court on June 4, 2018.

【Criminal Facts】

On June 29, 2019, the Defendant: (a) sent a vision to those who do not know about the drinking while under the influence of alcohol in front of C in the Dong-gu, Chungcheongnam-gu; and (b) sent a report to the police box affiliated with the Dabanam Police Station of the Yanandong Police Station, the Defendant: (c) expressed his desire to read the details of the report; (d) “A police officer assigned to the police box of the Yandong Police Station of the Yandong-gu, Yandong-gu, Yandong-gu, Yandong-gu; (c) expressed his desire to read “A police officer assigned to the police box of the Yandong-gu, Yandong-gu, Yandong-gu, Yandong-gu, Yandong-gu, Yandong-gu, would throw away the face of E twice;

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Report on internal investigation ( telephone conversations with the F of Witnesses);

1. Previous records of judgment: Criminal records, investigation reports (Attachment of the same criminal records), four copies of judgment, current status of confinement of individuals, and applicable Acts and subordinate statutes;

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

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is that the defendant led to confession and reflects the crime of this case, while the defendant has a number of records of punishment due to violent crimes including four times of punishment due to obstruction of performance of official duties, etc., and the defendant committed the crime of this case with drinking alcohol without being aware even though he was in the period of repeated offense, the circumstances before and after the crime of this case are not good, and other circumstances revealed in the records and arguments such as the degree of assault and intimidation, etc. are considered.