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(영문) 대전지방법원천안지원 2020.11.09 2020고단2197
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 August 2, 2020, the Defendant received 12 reports in front of the C convenience store located in Seocheon-gu, Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seocheon-gu, Seocheon-gu, on August 2, 202, stating that “A police officer, who is a policeman belonging to the D District of the Yanananbuk-gu Police Station D Zone, called “I am going to know what I will am?” and said police officer stated that “I am going to am? I am? I am to am? I am to am? I am, as I am to am, I am a drinking, and assault the above police officer by hand, such as having his chest’s chest.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A DNA campaign video CD;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

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

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

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than five years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than six months, but not more than one year and six months (decision of imprisonment] for the obstruction of performance of official duties [Article 1] for the obstruction of performance of official duties/performance of duties [the scope of decisions and recommendations made in the area of recommendations] for the basic area: Six months to one year and six months.

3. The Defendant, who received a 112 report under the influence of alcohol without any particular reason, assaulted the police officer called out.

The crime that interferes with the police officer's performance of official duties needs to be punished strictly in order to establish the law and order of the state and eradicate the light of the public authority.

However, the defendant seems to have a view to recognizing and opposing the crime of this case.

At the time, the defendant seems to have committed any contingent crime under the influence of alcohol.

The fine is heavier than that of a fine.

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