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(영문) 대전지방법원 서산지원 2020.01.08 2019고단1085
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 22, 2016, the Defendant was sentenced to imprisonment for a maximum of two years and six months and a short of two years for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at the Daejeon High Court on January 2, 2016, and the execution of the sentence was completed at the Kimcheon Juvenile Reformatory on October 15, 2017.

On August 29, 2019, around 23:55 on August 29, 2019, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of reporting 112 by assaulting, such as ascertaining the situation of damage to E at the site after receiving a report from 112, the police officer affiliated with the D District Unit of the Seosan Police Station D District, which called the scene, and intending to hear the statements of the relevant persons, and making a defective interest at one time in drinking, and subsing E several times by hand, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reporting 112.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notification of the work log of the D District District and the department related to the report of 112 Incident;

1. Video CDs;

1. Application of Acts and subordinate statutes to criminal records, reply reports, written judgments, and personal confinement status;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by 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 crime of this case, which was determined to be sentenced, is not less than that of assaulting a police officer who performs his/her duties, and the crime of this case is a repeated crime during the period of repeated crime due to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and other circumstances revealed in the pleadings of this case, including the defendant's age, character and conduct, environment, circumstances leading to the crime, and circumstances after the crime, etc., shall be determined as ordered.

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