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(영문) 대전지방법원 2020.06.04 2020고단1609
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On March 4, 2020, at around 02:40, the Defendant was under the influence of alcohol in front of the building B in Sejong Special Self-Governing City, and the Defendant was under the control of the police officer E and four police officers belonging to the police box of Sejong Special Self-Governing City, who was dispatched to the site after being reported 112, and was under the control of the Defendant. The Defendant saw that he was under the control of the police officer E and the police officers of the Sejong Special Self-Governing City: (a) he was under the control of the police box of the Sejong Special Self-Governing City; (b) he was under the control of the E, such as “spacker,” and she was under the control of the E, who was under the control of the horse, and she was under the control of the horse, and she was under the control of the E, who was under the control of the horse.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning investigation reports (the photograph of details of damage), 112 reported case handling lists, investigation reports (the attachment of video images, such as the form of crime of a suspect), and related field photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: Imprisonment with prison labor for not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. The punishment of sentence is minor; the defendant has no criminal record of the suspension of the execution of imprisonment with prison labor or heavier; the recognition of the crime of this case and reflects it to the defendant; the defendant's age, character and conduct, environment, and crime shall be considered as favorable to the defendant;

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