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(영문) 대전지방법원서산지원 2020.10.28 2020고단797

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

At around 20:50 on May 29, 2020, the Defendant reported 112 in front of the “C” restaurant located in Seosan City B, and provided the Defendant with a desire to provide personal information from the E police officer belonging to the Seosan Police Station D District D Zone D, which called the “C”, and the Defendant, while refusing to provide personal information by the F, used the said F’s chest at a three-time price by hand, and used the said E’s left hand once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the investigation of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes on the 112 Reporting Case List, such as global work log, etc.;

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. The reason for sentencing of Article 62(1) of the Criminal Act requires strict punishment as an offense detrimental to the legal order and the function of the State, by obstructing the exercise of legitimate public authority.

However, the sentencing conditions, such as the defendant's age, character and behavior, environment, etc., are considered to have resulted in the crime of this case under the influence of alcohol, and the punishment as ordered shall be determined by comprehensively considering the following factors.