(영문) 대전지방법원서산지원 2020.09.09 2020고단609

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원서산지원 2020.09.09 2020고단609

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on May 14, 2020, the Defendant reported that the Defendant was under the influence of alcohol on the front of the B apartment C-dong 1-2 D-dong 112, the Defendant: (a) went to the front of the D- Zone D- Zone of the Chungcheongnam-gu Police Station, Chungcheongnam-gu, Police Station, which was called after receiving a report on May 14, 2020; (b) went to the front of the apartment by the Defendant; (c) went to the front of the apartment; (d) went to the front of the patrol, and (e) went to the front of the patrol, and (e) went to the front of the patrol, and (e) started to go to the front of the patrol, and (e) failed to stop to go to the left part of the patrol, and (e) failed to go to go to the back of the patrol, and (e) failed to stop to go to the rear.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The CD;

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, etc. of the defendant's assault, it is not good that the crime is committed.

However, the fact that the defendant recognizes and reflects the crime, the first offender, etc. shall be considered in favorable circumstances.

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

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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