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(영문) 대전지방법원 천안지원 2020.05.22 2020고단147

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 November 15, 2019, at around 20:40, the Defendant assaulted a police officer who performs legitimate duties in regard to the handling of 112 reported cases, such as the circumstances where the Defendant under the influence of alcohol was a police officer, E, a police officer who was dispatched to the site after receiving a report of 112 that the Defendant would avoid disturbance, and was under the control of the police officer E, a police officer who was under the control of the D Zone F, a person who was under the control of the police officer, a person who was under his own arms, E, and F's chest, and was under the control of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to notify the department related to the reporting of damage and the 112-day photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

B. Second Crimes (Determination of Suspension of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / No person forced to perform his/her duties (special person who is sentenced to punishment] (the scope of recommendation area and recommendation range) basic area, six months to one year and six months.

(c) Scope of recommendations according to the standards for handling multiple crimes: Six to two years of imprisonment (the maximum of crimes No. 2).

2. The Defendant, who was sentenced to sentence, committed violence against the police officer in uniform.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain order, but also in that it can promote a light of legal order and public authority.

In the past, the accused is punished by a fine and a suspended sentence of imprisonment due to violent crimes, drunk driving, sex crimes, etc.

However, the defendant's mistake.