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(영문) 대전지방법원천안지원 2020.11.13 2020고단2132
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

At around 22:55 on June 12, 2020, the Defendant assaulted D’s left chest on one occasion on the following grounds: (a) around 22:55, on the front side of the Yannam-gu, Chungcheongnam-gu; (b) on the 1112-report that the Defendant carried a cab, and was called out after having received a 112 report that the Defendant carried a cab, the police box affiliated with the Yannam-dong Police Station that was called out, to hear the statement of the case from the Defendant.

Accordingly, the Defendant assaulted police officers performing their duties on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the offender's place, report on the autopsy of occurrence of a case, report on internal investigation (the receipt of a report, the situation of dispatch to the site, etc.), photographs of damaged parts, report processing of a case reported 112, a fadi video image data to a

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] there is no person subject to the coercion of official duties] (the scope of recommendations and recommendations] basic area, six months to one year and six months;

2. The Defendant, who was sentenced to a sentence, expressed a desire to the police officer in uniform and used violence. Such an act is highly likely to be criticized in that it not only interferes with the police officer’s duty to maintain order, but also promotes the light of legal order and public authority.

In the past, the defendant has been sentenced to a suspended sentence of imprisonment due to the crime of obstruction of performance of official duties, and has been sentenced to a fine of nine times for other crimes.

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

It is difficult to view that the degree of exercise of tangible power is very heavy.

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

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