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(영문) 대전지방법원 2020.12.10 2020고단4165

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

On August 12, 2020, the Defendant: (a) at the “C” restaurant of Defendant’s operation in Daejeon Seodong-gu, Daejeon, on August 12, 2020; (b) at around 01:34, the Defendant 112 reported the Defendant’s false 112 report, and provided the police officers called “the police officer, rather than the expression of party” from the slope E belonging to the Daejeon Pream Station D District, who was in possession of the Defendant, expressed the phrase “the police officer, rather than the expression of party’s identity,” and told the police officer, who was in possession of the call “the opening” on the floor of the restaurant; and (c) took one time a part of the police officer’s worship.

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

Summary of Evidence

1. Application of the defendant's legal statement F, E, and G to the police's statement statement, investigation report (verification of cellphone images) 112 report handling table (related to false report) and on-site photographs (related to false report) Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than five years;

2. The Defendant, who was sentenced to punishment, worn a uniform and takes a bath to police officers who perform official duties, and exercised physical force. The offense is not good.

However, the defendant has no record of the suspension of the execution of imprisonment with prison labor or heavier punishment for violent crimes, and against the recognition of the crime of this case, considering the circumstances favorable to the defendant, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined as ordered.