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(영문) 대전지방법원 2020.09.11 2020고단2255
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 13, 2015, the Defendant was sentenced to four months of imprisonment for the obstruction of performance of official duties at the Daejeon District Court on March 13, 2015.

Around 00:50 on April 30, 2020, the Defendant, while under the influence of alcohol, committed assaulting the face and chest of the above E, on the ground that the circumstances belonging to the Daejeon Police Station D District, which was called to the site after receiving a report, are frighting the players on the sales stand of the front of the goods in Seo-gu, Daejeon, Daejeon, Police Station D Zone D, which was called to the site and used them for returning home. On the other hand, the Defendant used the above E’s face and chest with a bad hand.

As a result, the Defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A report on investigation (investigative matters, hearing additional statements by a victimized police officer), report on internal investigation (in cases of internal investigation of a suspected victim's family member, on-site inspection, etc.), and a detailed statement of reporting and processing 112;

1. Photographss, such as the scene of the crime and video CDs;

1. Previous records of judgment: Criminal records, investigation reports (report on previous records and results of confirmation of dispositions), and application of statutes governing judgment;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of punishment by law: Imprisonment for one to five years;

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] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: the defendant in August of imprisonment was found to be erroneous through confinement life, and the damaged police officer did not have any injury, deposited considerable money in order to recover the damage of the damaged police officer, and the circumstances favorable to the defendant are recognized, such as the situation where the present state of health is not good.

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