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(영문) 대전지방법원천안지원 2020.10.05 2020고단979

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 03:40 on March 5, 2020, the Defendant, at the C main point located in Asan City B, committed an assault by the police officer on the part of the Defendant’s spouse, flaps, and flaps, following the Defendant’s 112 report on the date of assaulting the Defendant’s spouse and flag, and sent to the site, E, a slope belonging to the D Zone Unit of the Asan Police Station, Asan Police Station, who was dispatched to the site upon receiving a report of 112, and flag, “C flab. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement prepared by the F, G, H, I, and J;

1. Application of statutes on site photographs;

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

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

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than five years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than six months, but not more than one year and six months (decision of imprisonment] for the obstruction of performance of official duties [Article 1] for the obstruction of performance of official duties/performance of duties [the scope of decisions and recommendations made in the area of recommendations] for the basic area: Six months to one year and six months.

3. The Defendant: (a) received a report from a police officer who was 112 while working in a main place and was wraped with one another; and (b) took a bath to the police officer who called out.

The crime that interferes with the police officer's performance of official duties needs to be punished strictly in order to establish the law and order of the state and eradicate the light of the public authority.

However, the defendant seems to have a view to recognizing and opposing the crime of this case.

At the time, the defendant seems to have committed any contingent crime under the influence of alcohol.

There is no power of punishment heavier than a fine.

(b) other.