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(영문) 전주지방법원 정읍지원 2019.07.11 2019고단206
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 20:10 on February 2, 2019, the Defendant received money in connection with the construction work at the time when D was entering into a village, and the Defendant and D were in a dispute with the Defendant on the ground that D had received money in connection with the construction work at the time of entering into a village, and upon receiving a report from 112, the Defendant was dispatched to the said place by the Inspector F and G, who is a police official belonging to the police station of the former Northern Police Station, and the police official belonging to the police station of the North Northern Police Station.

The Defendant continued, while under the influence of alcohol, while the police officers wanted to listen to the details of the report against the Defendant’s daily movement, C speaks against the police officers, and as a result, G expressed that “I am am am son...........................” The Defendant am am ambling to the police officers, and am am ambling to G........ The Defendant am am ambling the Defendant’s left chest of the F of the above security guards, and am ambling the Defendant’s chest by hand, with the two hand, at the right end.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes on investigation reports (112 filing of a report processing slips, and hearing of witnesses' statements);

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence according to the sentencing criteria: The basic area of the obstruction of performance of official duties (Article 1) and the basic area of the coercion of official duties, six months to one year and six months;

2. The degree of the type of sentencing, the fact that the defendant has no record of being punished for the same kind of violent crime, and all kinds of sentencing shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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