(영문) 전주지방법원 2019.07.10 2019고단418

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2019.07.10 2019고단418

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 8, 2019, at around 20:25, the Defendant: (a) took a bath to customers; and (b) took a 112 report among those who had scam, the police box of the Jeondong-gu Police Station, which was called up to the 112 report, sent one time a part of the face of E in his/her attempt to restrain E.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. G statements;

1. Application of Acts and subordinate statutes to a investigative report (a CCTV image attachment);

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The sentence shall be determined as per the order, comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime was committed, and other various sentencing conditions as shown in the instant records and the trial process.

- a case involving violence to the police in the course of carrying out official duties is bad.

- The defendant has been convicted of a suspended sentence due to the same crime, and has committed the crime of this case again during the suspended sentence.

- The defendant is led to confession.

- The defendant deposited 80,000 won as the police ward E as the victim.

참조조문

-형법 제136조 제1항

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