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(영문) 대전지방법원천안지원 2020.09.22 2020고단1347

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

Around 01:08 on April 26, 2020, the Defendant: (a) received a report from C on April 26, 2020, that “I will receive approximately KRW 120,000 alcoholic beverages, etc. equivalent to KRW 120,00,00 and will not pay the price thereof”; (b) sought confirmation of identification from E by the police officer affiliated with the Kagnam Police Station, and (c) tried to see the Defendant’s chest from the Kagter; (d) was removed from E; and (e) was pushed up twice of E’s chest by hand; and (e) was pushed up of F’s chest belonging to the same police box that was next to the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to each on-site photographs, investigation reports (CCTV images and caps);

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 Criminal Act for orders to provide community service and attend lectures are recognized to be wrong and against the defendant, the defendant committed each of the crimes of this case again even though he had been punished several times due to violence and obstruction of business, and the crime of obstruction of performance of official duties is a crime which impairs the function of the State by nullifying the exercise of legitimate public authority, and there is a need for strict punishment. The method of the crime of this case, the number of police officers subject to the crime of this case, and other methods of the crime of this case, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various conditions of sentencing