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(영문) 대전지방법원 서산지원 2020.02.19 2019고단1020

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On September 17, 2019, at around 21:30 on September 21, 2019, the Defendant obstructed the victim’s restaurant business for 20 minutes by taking advantage of the Defendant’s refusal on the ground that the Defendant was drunk. However, the Defendant obstructed the victim’s restaurant business for 20 minutes by taking advantage of the Defendant’s refusal of drinking.

2. On September 17, 2019, at around 21:34, the Defendant received 112 reports, and “the guest spaws the disturbance” removed the police uniform on the police uniform, when he received the 112 report, and takes a bath to G, the police officer assigned to the E-district of the police station, and the vehicle and pedestrians passing along, and booms the cream from the above police officer and the police officer, and the police officer took two times of the face of G police officer on two occasions, while continuing to take two times of drinking.

Accordingly, the defendant interfered with police officers' performance of duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A statement of F and G;

1. Application of Acts and subordinate statutes notifying departments related to 112 Incident Report;

1. Article 136 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant interferes with another person's business and assaults police officers in the performance of official duties is not good, and the degree of violence is not weak.

However, there are no criminal records of the same kind, since the defendant's mistake is recognized and reflected, there is an agreement with the victim of obstruction of business.