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(영문) 대전지방법원 천안지원 2018.03.15 2017고단2931

공무집행방해

Text

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

However, the enforcement of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2017, the Defendant: (a) around 09:05, around 09:05, called “C” located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) took the desire to see that C is free of charge; and (c) took the desire to leave the Republic of Korea from the police officer F of the Seocheon-gu, Seocheon-gu, the E District Police Agency, in receipt of the report of D 112; and (d) demanded F to return home from the police officer F of the E District of the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant expressed “I am to me, and I am the face of F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (F);

1. Written statements (D);

1. Application of statutes on the photograph of the case

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the criminal facts;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] There is no basic area (6 months to one year and six months) (special sentencing factors) [the decision of sentencing factors] of the instant crime, the method and degree of obstructing the performance of official duties, and the record of criminal punishment of the Defendant (no record of criminal punishment except three times for traffic crimes).