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(영문) 대전지방법원 천안지원 2020.04.21 2019고단3359
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 13, 2019, the Defendant used the “C” located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, as D, E, and Si expenses, and used the 112 report and used the 112 report to assault the blue part of G in the blue part while the Defendant continued to use the blue part while continuing to use the blue part while taking a separate measure from G in the process of the F Zone belonging to the 11

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each written statement of D, H and E;

1. Statement of opinion;

1. Application of statutes on site photographs;

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

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

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and six months) of the obstruction of performance of official duties shall be the category 1 (the obstruction of performance of official duties and the coercion of official duties).

2. The defendant who has rendered a sentence of sentence is guilty, and is against the law.

The crime of this case seems to have been committed somewhat contingent while interesting.

However, the Defendant committed violence against police officers in uniform, and such acts are highly likely to be criticized in that it interferes with police officers' duty to maintain order, as well as that it can promote a light of law and order and public authority.

It cannot be deemed that the degree of violence is light, such as damage of a police officer's safety and injury on the snow, etc.

Although the defendant is not subject to criminal punishment exceeding a fine, there is a punishment of a fine of six times due to various violent crimes and the crime of interference with business.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.

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