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(영문) 대전지방법원 홍성지원 2017.04.18 2017고단83

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

On December 26, 2016, the Defendant rejected the emergency treatment of the 119 emergency crew members of the 119 Emergency Medical Service who want to treat the distressed wife on the part of the head, after drinking and drinking at the C main station located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun on December 26, 2016, the Defendant was urged from the police officer E, the police officer of the Chungcheongnam-gu Police Station D Police Station, who called for cooperation, to go to the hospital after receiving a request for cooperation from the said 119 emergency medical treatment.

"A spiting, spiting, etc. the face of the above E in the form of drinking, taking the face once, and taking the face once."

Accordingly, the defendant interfered with the legitimate performance of public duties by police officers on the protection of people's lives, bodies and property, public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the statutes governing police officers' photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommendations] : (a) the basic area (the period of six months to one year and four months) (the period of imprisonment) (the period of six months to one year and four months) ; (b) the State’s legitimate exercise of public authority should be protected for the peace and safety of all citizens, including the Defendant himself/herself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

However, considering the facts that the defendant reflects his/her mistake, favorable circumstances such as there is no criminal punishment exceeding a fine, and there is no criminal conviction for the same kind of crime, and all other circumstances that conditions for sentencing, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined like the order.