beta
(영문) 대전지방법원 서산지원 2019.09.18 2019고단316

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 03:59 on February 18, 2019, the Defendant: (a) received 112 report from the guard room in front of the Yongsan-si apartment complex C-dong apartment complex, and received a request for returning home for about 30 minutes from the police officer of the Chungcheongnam-gu Police Station D District D, Chungcheongnam-gu Police Station, Chungcheongnam-gu, and Police Officer, and requested the above police officer to return home for about 30 minutes of the said 30 minutes of the 30th of the 30th of the 20th of the 30th of the 30th of the 30th of the 30th of the 30th of the 30th of the 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F and G;

1. Application of the 112 Reporting List, documentary evidence CDs, B apartment CCTV CCTV-related Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The Defendant, who was sentenced to a suspended sentence of imprisonment for the same kind of crime, committed the instant crime at the same time during the suspended sentence.

The violence against police officers is not easy, and the nature of the crime is not good in light of the circumstances of the crime.

However, the defendant shows his attitude to recognize and reflect his crime at the latest.

A defendant has no past record of having been sentenced to imprisonment with prison labor, except for the above past record, and has no record of committing violent crimes.

The health status of defendants is not good.

3.2