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(영문) 대전지방법원 2020.05.28 2020고단1173
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

Around 01:20 on March 11, 2020, the Defendant: (a) received a report from a taxi engineer D on the fact that the Defendant was waiting for a problem of taxi fares at the parking lot located in the Daejeon East-gu, Daejeon Police Station C District of the Daejeon Police Station; and (b) received personal confirmation from E during the dispatch of the C District, and asked questions as to whether or not to pay taxi fares, and assaulted the head door of the taxi, which was being opened, with the knee, and the head door facing the right shoulder of E.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases by police officers in uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the 112-reported case management table, police officer's damaged photographs, and CCTV data from C District;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. All the circumstances, such as the fact that the defendant who was sentenced to punishment for violent crimes has several cases, the extent of assault committed by the defendant to police officers is minor, and the defendant recognizes and reflects the crime in this case, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, including the circumstances after the crime.

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