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(영문) 청주지방법원 2020.07.23 2020고단123
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

At around 16:40 on January 5, 2020, the Defendant was urged to return home from 119 first responders to the 119 first responders of the Cheongju Police Station, on the ground that the dispatch of 119 first responders was delayed in front of the C District located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu. The Defendant assaulted on one occasion the parts of D, i.e., “Yeong-gu, Haak-gu, Haak-gu, Haak-gu.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of a DNA Act and subordinate statutes on visual images;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody Act is not consistent with the background and content of the instant crime, and the Defendant committed a second offense even though he had been punished by a fine of KRW 3 million due to the obstruction of performance of official duties in 2005.

However, in light of the fact that the defendant is divided into the crime, and that the victim police officer was dead on May 25, 2020 (the victim police officer D submitted these confirmations to this court), that the defendant repeats hospitalization and discharge until now due to various diseases such as invertebrate spathn and liveration, and that it is revealed whether to treat alcohol related treatment, it is desirable to suspend the execution of punishment for the correction of the defendant, and impose probation and medical treatment order.

In addition, the sentencing conditions, such as the age, character and conduct, environment, and circumstances before and after the crime, shall be determined as per the disposition.

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