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(영문) 청주지방법원 제천지원 2019.06.27 2019고단155

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 20, 2017, the Defendant was sentenced to imprisonment with prison labor for the crime of obstruction of performance of official duties in the Cheongju District Court’s Cheongcheon Branch on April 20, 2017, and completed the execution of the sentence in the Yanan Prison on November 8, 2017

【Criminal Facts】

On May 17, 2019, the Defendant got too much a drinking value at the main point of “C” located in “C” in 00:00 on May 17, 2019, and caused violence to the main point operator, etc., and received 112 reports, and confirmed the circumstances of the case from E during the region belonging to the Jeju Police Station D District, which was dispatched by the Defendant.

At around 00:20 on the same day, the Defendant continued to walk the patrol car to the domicile of the Defendant located in the F apartment Gdong at 00:0,000, and was recommended by E to enter the house, and “criminal Myeon,” “I am flick at the hospital,” “I am flick at the hospital, I am flick, and am flick, and flicked the flick part of E with his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and the protection of the lives and bodies of the people.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs explanation;

1. A criminal investigation report (victim E-victim photograph), photograph;

1. Criminal records: Criminal records, inquiry reports, investigation reports (written results of confinement of prisoners), the current status of confinement of each individual, and the application of statutes;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment (referring to the choice of imprisonment and comprehensive imprisonment);

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Six months to one year and six months from the basic area of the obstruction of performance of official duties according to the sentencing criteria; and

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

Unfavorable circumstances: The defendant assaults a police officer in the course of performing duties, such as handling a report case, and performs his/her official duties.