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(영문) 대전지방법원 서산지원 2019.07.10 2019고단341
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 02:00 on March 24, 2019, the Defendant assaulted “Cju” located in Seosan City B, by sending to the site after receiving a report of 112, that “a male customer becomes aware of the calculation and time limit” was sent to the site and verifying the details of the report. The Defendant, on his own hand, assaulted the chest part of the above E by paying the drinking value from E belonging to the Seosan Police Station D District, which confirmed the details of the report.

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. A written statement;

1. Application of the 112 Reporting List, the Act and subordinate statutes governing the work site in the D District;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The act of assaulting a police officer who conducts a decision-making on a sentence is not good for a crime, and the defendant has a record of being punished for the same crime.

However, the fact that the defendant's mistake is recognized and reflected, and the degree of violence and damage are not deemed to be large, etc. shall be considered as favorable circumstances.

Other circumstances shown in pleadings, such as the age, character and conduct, environment, details of the crime, and circumstances after the crime, etc. shall be determined as per Disposition.

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