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(영문) 대전지방법원 서산지원 2019.10.02 2019고단551
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

On April 10, 2019, at around 21:40, the Defendant reported the occurrence of domestic violence in the “C” restaurant located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and sent a report to 112, and the security guards belonging to the Taean Police Station D police box called out to the Defendant, who was requested to hear the Defendant’s statement from the Defendant’s wife, sent the defective E a bath, and who was requested to not take a bath from E, sent the Defendant at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of CCTV-related Acts and subordinate statutes;

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

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

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. Circumstances disadvantageous to the determination of sentence: The punishment as ordered shall be determined by taking into account the following circumstances: the fact that the defendant has been subject to punishment for obstruction of performance of official duties, the background of the crime, and the attitude of the act, and the degree of assault is not easy; the defendant recognized his mistake and reflects; the defendant deposited 3.5 million won for the damaged police officer; the defendant has no record of committing the crime exceeding the fine; and the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc.

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