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(영문) 대전지방법원 2020.05.07 2020고단399
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 07:50 on November 27, 2019, at the parking lot located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon: (a) the Defendant: (b) expressed that “The male-gu head of the Gu and the head of the Gu,” “the head of the Gu and the head of the Gu,” upon receiving a 112 report, sent to the police officer D(39 years of age) belonging to the Daejeon Police Station Cream Zone, who was called to have been requested to return home from the police officer, who was requested to return home from the police officer of the Daejeon Police Station C (39 years of age); and (c) expressed that he

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

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Detailed statement of 112 reported cases processing (number 207), detailed statement of 112 reported cases processing (number 264) and detailed statement of photographs of the victim;

1. Application of Acts and subordinate statutes to the investigation report on occurrence of the case, report on internal investigation (a written statement of police officers dispatched with the victim along with the victim), investigation report (to listen to the G telephone statement of a witness);

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. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. The sentence of sentence is not appropriate because the defendant assaulted the police officer who called out after receiving a report on his or her failure to wear a female-friendly tool, while taking a bath for him or her.

In particular, the crime of obstruction of the performance of official duties needs to be punished as a crime prejudicial to the function of the state by nullifying the legitimate exercise of public authority.

The Defendant is not aware of the instant crime during the suspension period of the execution of the instant crime, and is also likely to criticize the instant crime.

The defendant is obstruction of the performance of official duties until now.

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