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(영문) 대전지방법원천안지원 2020.11.06 2020고단1850

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On July 9, 2020, the Defendant: (a) reported on July 19, 2020, in front of the Dongnam-gu B apartment Cdong games, 112, and assaulted police officers performing their duties in relation to the handling of reported cases by taking advantage of the police officers E, police officers belonging to the D District Police Station of the Yanannam-dong Police Station, Yannam-dong Police Station called out after receiving a 112 report that “I want to take a bath for them; (b) he was asked for the circumstances at the time, “I am dead; (c) I am dead; (d) I am dead; (d) he did drinking water, slotus, etc.; and (d) took a drinking-water, drinking water, slotus, etc.; and (e) assaulted the police officers to physically carry out their duties in relation to the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. Application of the Acts and subordinate statutes to the offender's place, report on the occurrence of the case, internal investigation report (field status, etc.), field photo (a photograph, etc. by cutting down on the front of a video recording of a mobilephone), processing table of the case 112 report, CCTV video recording page, and CCTV recording pages;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. While the sentencing guidelines are not applicable to each crime of ordinary competition according to the sentencing guidelines, it will be examined only by reference.

[Determination of Punishment] The "Obstruction of Performance of Official Duties" / [Type 1] No person who has been forced to perform his/her duties (the scope of recommendation area and recommendation range] basic area, six months to one year and six months of imprisonment.

2. The Defendant, who was sentenced to a sentence, took a bath before the police officer in uniform and used violence. Such an act is likely to be subject to criticism in that it not only interferes with the police officer’s duty to maintain order, but also promotes the light of legal order and public authority.

The defendant has been punished several times for various crimes, and in particular, there has been a punishment for obstruction of performance of official duties.