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(영문) 대전지방법원 천안지원 2019.05.23 2019고단379

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

At around 04:46, February 11, 2019, the Defendant: (a) called, “I will interfere with the performance of official duties by the police officer belonging to the D Zone B apartment C, a police officer belonging to the D Zone D, who was called up after receiving a domestic violence report that occurred in the Defendant’s residence in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu; (b) twice the left side part of E due to drinking, twice the back part of E, twice the back part of E, once, and three times the back part of E’s buckbucks; (c) plucks, plucks, and continuously plucks, plucks, and plucks of slope F’s body parts, and continuously bucks, bucks, and bucks up two times after drinking water of G police officers, and interfere with the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to E, F, and G;

1. Reporting to a department related to 112 Incident;

1. Application of Acts and subordinate statutes to investigation reports ( investigation into the suspect's recidivism risk);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act recognize and reflects the defendant's mistake, and the first offense of obstruction of performance of official duties requires strict punishment as a crime prejudicial to the State's function by nullifying the exercise of legitimate public authority. The crime of this case is very poor in the nature of the crime in light of the number of police officers subject to the crime, methods and degree of assault, etc., and other factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions specified in the argument of this case.