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(영문) 대전지방법원 천안지원 2019.06.13 2019고단604
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On February 27, 2019, at around 23:57, the Defendant 112 reported that there was a assault at the 'C' restaurant located in Asan-si B, Asan-si, and the Defendant, a police officer affiliated with the Dental police box of the Busan-si Police Station, spited the food in question to the above E by spiting it into his hand, and used the food in question, which was a police officer belonging to the same affiliated with the police officer, to take on his hand, and assault F F's bucks as a hand.

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. Each police statement of E and F;

1. Application of relevant photographs and investigation reports (on-site CCTVs) Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include both recognition of and reflects on the Defendant’s mistake; Defendant has been punished twice as a crime of assault in 2018; the crime of obstruction of performance of official duties needs to be strictly punished as a crime that undermines the State’s function by nullifying the exercise of legitimate public authority. The crime of this case is not good in terms of the number of police officers subject to the crime, method of crime, etc.; the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; the circumstances after the crime was committed; and other various sentencing conditions as indicated in the argument of this case are considered.

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