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(영문) 대전지방법원서산지원 2020.11.25 2020고단994

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

At around 00:20 on July 11, 2020, the Defendant assaulted the Defendant’s workplace club within the main point of “C” located in Seosan-si B, and received the pertinent 112 report and sent out after receiving the report, and the police officers, including E, belonging to the Seosan Police Station D District Unit of the Seosan Police Station, called “C,” were under the influence of alcohol to verify the reported matters, the identity of the Defendant, etc., one of the above E face as drinking.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. DNA campaigns at the scene of crimes;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act requires strict punishment as an offense detrimental to the legal order and the function of the State, by obstructing the exercise of legitimate public authority.

Considering the nature and method of the defendant's assault, the nature of the crime is not good.

However, the fact that the defendant recognizes and reflects the crime, and that the same criminal records do not exist, etc. shall be considered as favorable circumstances.

Other conditions of sentencing, such as the age, character and conduct, environment, etc. of defendants, shall be determined as per the disposition.