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(영문) 대전지방법원 2019.05.02 2018고단4097

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

On October 10, 2018, around 00:05, the Defendant reported to the Seo-gu, Seo-gu, Daejeon, that “I wish to get off a vehicle parked by the host”, and that “I wish to get out of the vehicle parked by the host” was a defect in D, to listen to the Defendant’s statement, to make the file files used by the said D in his hand, and to fall down on the floor, and continued to stop D’s control the Defendant, and thereby, threatened D with D’s face as I would have the face.

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes on the inspection report, investigation report, field photo, and the 112 case handling table;

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

1. The crime of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act is used by violence against police officers dispatched after receiving a report 112, and thus, in light of the course and method of the crime, it is not good that the defendant committed the crime of this case, and the circumstances favorable to the defendant that it does not seem that the damage from the crime of this case was serious. In addition, the crime of this case on the grounds of suspended sentence is determined as ordered by taking into account the following factors: the defendant’s age, character, character, environment, background of the crime, circumstances before and after the crime; and the scope of recommended sentences according to the sentencing guidelines set by the Sentencing Commission.