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(영문) 전주지방법원 2019.08.21 2019고단1050
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 of the final judgment.

Reasons

Punishment of the crime

On March 2, 2019, at around 00:40 on March 2, 2019, the Defendant: (a) received a report from 112, stating that “a customer who does not pay any drinking value” in C entertainment tavern B located in the Jeonju-gun; and (b) took a bath to E, etc., the Defendant spited the body of E once, and carried out a bath to E, and carried out a brine by hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement;

1. Application of related Acts and subordinate statutes;

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 (the following grounds for sentencing)

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order shall be as follows, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, occupation, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the various sentencing conditions as ordered.

- Cases involving violence to police officers in the course of carrying out official duties are bad.

- The defendant has several sentences, suspended execution, and criminal records of fine due to violent crimes.

(However, there are 10 years ago in addition to the one time fine. - Defendant is led to confession.

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