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(영문) 대전지방법원 서산지원 2020.06.10 2020고단265
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

Around 22:03 on December 28, 2019, the Defendant: (a) reported 112 on the street in front of the Seosan City, that “Ack-in accident occurred, and the driver is doing dumping; (b) committed an assault against the Defendant for the said D’s chest by using three typologys on his own drinking, and by using hand knife the said D’s hand, etc., which had taken the floor on the floor, while the circumstances belonging to the Seosan Police Station C District called up to the Defendant to check the case against the Defendant.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act requires strict punishment as an offense detrimental to the legal order and the function of the State, by obstructing the exercise of legitimate public authority.

Considering the background, method, degree, etc. of the defendant's assault, the nature of the crime is not good.

However, the fact that the defendant recognizes and reflects the crime is considered in favor of the defendant.

Other conditions of sentencing, such as the age, character and conduct, environment, etc. of defendants, shall be determined as per the disposition.

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