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(영문) 대전지방법원 서산지원 2020.01.09 2019고단1047
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On September 28, 2019, at around 15:44, the Defendant took a bath to the manager in front of the Chungcheongnam-si B apartment management office in Chungcheongnam-gu, Chungcheongnam-gu, 2019, the Defendant continued to stop verbal abuse and threatening behavior while he received a report from 112, stating that “A person who takes a fright will fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright fright.”

As a result, 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. Statement to E by the police;

1. Reporting on the occurrence of official duties;

1. A service log of a police box;

1. 112 reported case handling table;

1. Investigation reports (related to photographic images), images; and

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [No. 1] the obstruction of performance of official duties/non-performance of official duties (special sponsor): Where the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is insignificant (the area of recommendation and the scope of recommendation), mitigation area, one month to August;

2. Determination of sentence: The sentencing conditions specified in pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., are considered as relatively minor; the degree of violence by the Defendant is relatively minor; and there is no previous conviction for the same kind of crime; and the sentencing conditions specified in the arguments shall be determined in light of the following factors:

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