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(영문) 대전지방법원 2019.07.18 2019고단1750
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2019, around 19:05, the Defendant: (a) reported 112 on the road near the “C Elderly Community Center” located in Sejong-si, Sejong-si; (b) and (c) used a sloping E belonging to the Sejong-si Police Station D Technicians, which called the Defendant, and used two times the inserted (90cm in total length), which is a dangerous object used by the Defendant’s hand at the patrol car, after discovering the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to field photographs, black boxes video CDs, and each investigation reporting statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is an act that interferes with police officers’ duties by displaying the insertion, which is a dangerous object, and by light of legal order and public authority, and the liability for the crime is not minor, and the fact that the victim did not receive a letter from the victim is disadvantageous to the defendant.

On the other hand, the crime of this case appears to have been committed by a defendant who does not have any criminal power, except for one-time criminal records prior to the occurrence of a fine, and the occurrence of a serious result from the crime of this case does not occur, and reflects his mistake regarding the crime of this case, etc. in favor of the defendant.

In addition to these circumstances, the sentence like the order shall be imposed by comprehensively taking into account the age, character and conduct, environment, etc. of the defendant and all the conditions of sentencing shown in the records and arguments of this case.

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