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(영문) 대전지방법원 2019.11.28 2019고단3825
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 24, 2019, at around 23:00, the Defendant 112 reported that “A person who interferes with traffic” on the roads in front of the Daejeon Dong-gu, Daejeon, a police officer D belonging to the Daejeon District District, and a police officer demanding that the passage of the vehicle be obstructed by the police officer E who was called out after having received a report, and that the traffic was obstructed by the police officer D, who was called up, and the police officer E, who was demanded by the superintendent E, committed the disturbance, and the Defendant committed the assault of the water in question, by harming the person subject to a notice of penalty payment due to the disturbance of the violation of the Punishment of Minor Offenses Act, by hand, as the drinking disturbance of the police officer in violation of the Punishment of Minor Offenses Act.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. On-site photographs;

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

1. Article relevant to the facts constituting an offense and the selection of punishment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances that are advantageous to the fact that the punishment for the crime is not less severe due to the use of violence against police officers in the course of carrying out legitimate public duties: the confession of the crime of this case, the confession of the crime of this case, the fact that there is no past record of fine or heavier punishment, contingent, the occurrence of the crime of this case, and the degree of damage by police officers is not too serious.

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