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(영문) 대전지방법원 2018.09.28 2018고단2300

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 23, 2017, the Defendant was sentenced to seven months of imprisonment by the Daejeon District Court for obstruction of the performance of official duties in a deceptive scheme and completed the execution of the sentence in the Daejeon District Court on January 4, 2018.

Criminal facts

On May 12, 2018, at the main point of "E" of the operation of the D in Daejeon Metropolitan City, around 02:20, the Defendant sent a call to the head of the police station G (32 years of age) located in the Daejeon Metropolitan Police Station, who was reported that he would drink from D while drinking alcohol due to the issue of the business owner D and fee, and tried to confirm the circumstances of the case and the status of the case. The Defendant assaulted the border G (32 years of age) of the Daejeon Metropolitan Police Station that “C frank feasia” on the left side of the G at the right side of the road of G one time to walk.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (prior convictions of the same type of repeated crime);

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] There is no basic area (six months to one year and six months) (the person who is subject to special sentencing) of the category 1 (Interference with the performance of official duties and coercion of duties) [the person who is subject to special sentencing] [the decision of sentencing] Defendant used violence against public officials performing legitimate duties without any justifiable reason.

The Defendant was punished as a crime of interference with the performance of official duties by fraudulent means during the period of repeated crime, and committed the instant crime without being among those who were in the period of another repeated crime due to the said crime.

The sentence of imprisonment on the accused is inevitable.

However, the defendant recognizes all of his mistake and reflects his wrongness.

The defendant seems not to have committed the crime of this case in a planned manner and seems to have committed the crime of this case in a drunken state.

part for the victim.