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(영문) 대전지방법원 천안지원 2019.08.22 2019고단1027

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2019, at around 15:55, the Defendant: (a) was off from the 1112 report of the operator of the restaurant at “C” restaurant located in the Yannam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) was called out by the Defendant on February 23, 2019; (c) was off from the D District of the Yanannam Police Station D District of the Yanannam Police Station, the Defendant was called out after receiving the report of 112 by the operator of the restaurant; and (d) was able to take out the Defendant out of the restaurant; and (e) was able to take back the Defendant out of the restaurant; and (e) the police officer was able to return home for about 20 minutes; and (e) the Defendant was trying to go to go to the vehicle driven by the Party on which

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of G's written statements to the Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties (category 1] and the absence of the obstruction of performance of official duties (category 1] and the basic area of the recommendation [the scope of the recommended area and the recommendation range], and six months to one year and six months;

2. Determination of sentence of punishment is inferior to the nature of the crime, the fact that the victimized police officer wishes to punish, mislead the police officer, the fact that the police officer is not subject to criminal punishment after 193, other criminal records, health conditions, etc.