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창원지방법원 2019.08.28 2019고단1347
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On January 30, 2019, at around 22:15, the Defendant received a report on 112 that “A passenger does not get off from a taxi,” and committed assault, such as taking a part of E’s head into his hand, and taking a part of E’s head into custody once, by a police officer affiliated with D Zone Unit of the Busan Southern Police Station D District, who called to the scene at the Busan Southern Police Station D, attempted to get off from a taxi to the roadway.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (field status, etc., and hearing of reported taxi drivers' telephone statements);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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 for orders to attend lectures and orders to provide community service;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. According to the decision of sentence, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, the sentence as ordered shall be determined by comprehensively taking into account the various factors of sentencing as expressed in the trial process of this case.

The defendant reflects his wrongness.

Accordingly, the victim did not want the punishment of the defendant, and prepared a written agreement.

In order to protect the legitimate function of the state and to establish a sound social order, strict punishment on the obstruction of performance of official duties is required.

The criminal records of the defendant reach several times, and there are criminal records of the same kind, and obstruction of performance of official duties in around 2017.