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(영문) 대전지방법원천안지원 2020.11.27 2020고단2670
공무집행방해
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 30, 2020, around 05:12, the Defendant was under the influence of alcohol in the area B of the Western-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, C pharmacy, and was under the influence of alcohol in the vicinity of the C pharmacy, “A taxi driver and Si-si, who will lose his security in a taxi,” and was called out by the Defendant, after receiving a report of 112, “A taxi driver and Si-si, who will lose his security in a taxi.” The Defendant was under the control of the D Zone E slope belonging to the D Zone of the YY, and was under the control of the police officer, and was able to take the face of the above E by drinking the chest of the cell phone, and was able to take the finger by drinking once with the hand saw.

Accordingly, the defendant assaulted police officers who perform duties related to handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes by reporting internal affairs (fields, etc.), photographs of damaged parts, and closure of image screen pictures;

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

1. Since each crime in accordance with the sentencing guidelines is formally concurrent, the sentencing guidelines are not applicable, but are examined only by reference.

[Determination of Punishment] The "Obstruction of Performance of Official Duties" / [Type 1] No person who has been forced to perform his/her duties (the scope of recommendation area and recommendation range] basic area, six months to one year and six months.

2. The Defendant, who was sentenced to a sentence, exercised violence against the police officer in uniform, and such act is likely to be subject to criticism not only in that it interferes with the police officer’s duty to maintain order, but also in that it can promote a light of legal order and public authority.

However, the defendant recognizes his mistake and is against his will.

No person shall be subject to criminal punishment, except for the case of a fine of different species once.

In addition, the defendant's age, character and behavior, environment, motive, means and result of the crime, and circumstances after the crime are committed.

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