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(영문) 춘천지방법원영월지원 2020.10.20 2020고단302
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:25 on June 30, 2020, the Defendant: (a) stated that drinking traffic accidents occurred in front of the police station B of the Gangseo-gun, the Defendant: (b) 112 reported and sent to the site; (c) reported that D’s 2 patrol team of the Young-gu Police Station Police Station (a driver of the Defendant) carried out drinking driving against E, who is the driver of the Defendant; and (d) stated that the said police officer was able to carry out drinking driving; and (d) stated that “I am the police if I am the driver, I am the driver, and I am the above D’s chest while I am at the time, I am the driver of the vehicle, and I am the other police officer who was urged to refrain from committing an excessive act from D.”

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to 112 reporting duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes governing the table of 112 Reporting Cases;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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

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 Defendant was assaulted by a police officer who is performing legitimate duties.

In order to establish the state's legal order and eradicate the light of the public authority, such obstruction of the performance of official duties shall not be deemed to be negligiblely committed.

However, considering the fact that the defendant is recognized to commit the crime, the first offender, etc., the age, character, character, environment of the defendant, etc.

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