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(영문) 대전지방법원 홍성지원 2015.06.24 2015고단258
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

At around 01:21 on January 4, 2015, the Defendant: (a) received 112 report from the person under the influence of alcohol in front of the C convenience point located in Chungcheong Budget Group B; and (b) received the 112 report from the 112-person under the influence of alcohol, and solicited the above E to return to Korea from the police officer; (c) the Defendant stated that “this son, v., one’s husband, one’s husband, one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s other’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s other’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s one’s other’s one

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of the police officer 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. G self-statements;

1. Application of Acts and subordinate statutes on the place of work in the D District;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) appears to be a crime committed by a person who has been under the influence of alcohol, and has committed contingently, considering that the degree of assault is relatively minor, that the previous case and the previous case have no

1. Determination of the type of punishment under Article 62-2 of the Criminal Act of probation and community service order [the scope of punishment under the law] : Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months (Application of the sentencing guidelines]: obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, special amnesty of Type 1: cases where the degree of assault, threat, threat, and deceptive scheme is minor (aggravated factor), where there are many public officials who have suffered damage (aggravated factor): Basic area; imprisonment for not less than six

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