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(영문) 대전지방법원 2020.04.24 2020고단461

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 January 14, 2020, the Defendant expressed a 112 report in front of the Daejeon Jung-gu Daejeon District Police Station C District of Daejeon, which was called "I will want and be able to take time for customers." On January 14, 2020, the Defendant expressed that "I will see that I will confirm their status," "I will schep, I will schep, I will schep, I will see the above D's chest part three times, and that I will see the E (55 years of age) who continued to be dispatched."

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of F, D, and E;

1. Application of Acts and subordinate statutes to report on investigation (a patrol booms and video investigation);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act recognizes and reflects the defendant's mistake: Provided, That the defendant has been sentenced to one year of the suspended sentence in June for the crime of injury in 1998, and the defendant has been sentenced to one year of the suspended sentence in other circumstances, such as the age, character and conduct, environment, motive, means and procedure of the crime, and circumstances after the crime, etc., shall be determined as per the order;