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(영문) 대전지방법원 서산지원 2020.06.24 2020고단347
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 20:40 on March 14, 2020, the Defendant: (a) received a report from 112 to the effect that “the taxi guests are locked without drinking alcohol at a taxi; (b)” and received a recommendation to pay a taxi fee and return home from the police officer affiliated with the Dannungnam Police Station C District, Chungcheongnam-gu Police Station C District; and (c) provided the said police officer with the desire to “I am to deliver money. I am h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes notifying departments related to 112 Incident Report;

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 nature and degree of the defendant's assault, the nature of the crime is not good.

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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