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(영문) 광주지방법원목포지원 2020.08.20 2020고단144

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on January 24, 2020, the Defendant: (a) sent to the scene after receiving a report on taxi fares-related 112 in front of the C convenience point located in the Bapo-si B; (b) sent to the scene, the Defendant: (c) provided several bathings for the Defendant to include the taxi fares in calculating the taxi fares and returning home; (d) received other 112 reports; and (e) provided that the instant E was unable to operate the patrol by compulsorily opening a driver’s seat while boarding the patrol seat to dispatch the site; and (e) continued to stop the Defendant’s body by hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. F’s statement and police statement of E;

1. Application of the Acts and subordinate statutes to arrest a suspect, a copy of a work site, a report on internal investigation (a video verification taken by a police officer dispatched to the site), and a bar camp;

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

1. The nature of the crime is not somewhat weak in that it interferes with the performance of official duties through verbal abuse and violent exercise while under the influence of alcohol without a serious reflect on the fact that it was punished several times for the same kind of crime as the sentencing of Article 62(1) of the Criminal Act.

Therefore, the punishment shall be imposed by imprisonment with prison labor, and the punishment shall be imposed several times so far, but no punishment heavier than the fine is imposed, it is difficult to see that the form of obstructing the performance of official duties is more serious, and the execution of the punishment shall be suspended at once in consideration of the age and behavior of the defendant.