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(영문) 대전지방법원 홍성지원 2018.08.14 2018고단426
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 May 19, 2018, at around 22:10 on May 19, 2018, the Defendant drinking alcohol in the “D cafeteria” located in Chungcheongnam-gun Hong-gun, Hongsung-gun, sent to the Defendant, and prevented the Defendant, such as Hongsung Police Station E District Police Officer F, who was called to the Defendant. The Defendant assaulted the Defendant by having her chest F’s chest on one occasion, and walking the sloping G’s bridge on one occasion.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. The police statement of H;

1. Application of statutes to the 112 Report Settlement Document

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The legitimate exercise of public authority by the State with reason of sentencing Article 62-2 of the Social Service Order Criminal Act should be protected for peace and safety of all citizens, including the Defendant himself/herself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

However, considering favorable circumstances, such as the fact that the defendant repents and reflects his mistake, the degree of violence is not heavy, and the fact that the defendant has no previous conviction in the same kind, the punishment as the order shall be determined by taking into account the defendant's age, sexual behavior, environment, etc., and the various sentencing conditions shown in the argument of this case.

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