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(영문) 전주지방법원 군산지원 2019.08.16 2019고단528
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a taxi driver.

On April 11, 2019, at around 18:30, the Defendant was urged to return home from C of the Yasan Police Station B district unit of the Yasan Police Station B, which was called up after receiving 112 report at the Yasan Police Station 2, Yasan-dong 2, 59-2 at the Yasan-si festival 18:30 on April 11, 2019, and the Defendant was urged to return home from the situation belonging to the Yasan Police Station B district unit of the Yasan Police Station B, which was called up after receiving 112 report, and the Defendant expressed that “the name is the person who is well within home, and the name is, and then the fabling of the faly fash, and the fash fa

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to C and D;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution appears to have reached the instant crime by contingency, and reflects the crime, and there is no force to punish violent crime since 2000. The crime of obstruction of performance of official duties is an unfavorable sentencing factor that is detrimental to the function of the State by impeding the legitimate exercise of public power and thus requires strict punishment. The punishment is determined as ordered in light of the following factors: the Defendant’s age, character and conduct, family relation, motive, means, result, etc.

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