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(영문) 대전지방법원 천안지원 2016.05.26 2016고단377

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 11, 2016, the Defendant was demanded to present his identification card from D, who is a patrol force belonging to the Asan Police Station C unit of the Asan Police Station, called “Asan Police Station C unit, in receipt of a report on 112” to the Defendant, in front of a hot spring elementary school located in Asan City, 90, a hot spring, under the influence of alcohol, and is walking along a narrow distance on the road.

After confirming the identification card, the Defendant assaulted D by having the right shouldered by hand on the ground that the part of the Defendant is bad to have the part of D returned from D, one time, and the part of the necked.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in each protocol made to D;

1. Each entry of E and F;

1. 112 Entry of the list for handling reported cases;

1. Application of each of the visual Acts and subordinate statutes to photographs of damaged police officers, and photographs of booms of patrol vehicles by capturing them;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);

1. The scope of punishment by law: Imprisonment for not less than one month but not more than five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the types of crimes obstructing the performance of public duties, and there is no person who is subject to special sentencing] from among the crimes obstructing the performance of public duties [the scope of the recommended punishment] [the scope of the punishment for six months to one year and four months.

3. Determination of sentence: Imprisonment with prison labor for six months and two years under the influence of alcohol by assaulting a police officer who was dispatched to the police after receiving a report under the influence of alcohol and the nature of the crime is poor; the defendant has a record of having been sentenced to the suspension of execution of imprisonment once due to a crime obstructing the performance of official duties; six times (one time the suspension of the execution of imprisonment and five times the fine) due to violent crimes; and the defendant has a record of being sentenced to a fine four times due to a crime of these crimes; and on the other hand, the defendant shall be punished after around 200.