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(영문) 대전지방법원논산지원 2020.11.10 2020고단429
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 19:00 on July 21, 2020, the Defendant: (a) reported by C to the effect that he would not respond to C’s demand for returning home under the influence of alcohol while drinking alcohol with C at the house located in Chungcheongnam-gun, and that “the guest would not go at the house;” and (b) reported by C’s 112 to the effect that he was sent to the said house by the police officer affiliated with the D Zone Unit of the Chungcheong Police Station, the Defendant was moving the Defendant to the Felel of Chungcheongnam-gun, where the Defendant is living in, and (c) on the same day, the Defendant was deprived of the Defendant from the stairs of the above 2nd floor of the Maur, around 19:25 on the same day, at the above E’s 19:25.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties of police officers concerning handling 112 reports.

Summary of Evidence

1. Application of the police protocol of statement E of the defendant in the court statement of the defendant E;

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

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Social Service Order Act Article 62(1) of the Criminal Act, assaulted a police officer while under the influence of alcohol, and did not agree separately with the victimized police officer.

On April 2016, the defendant has been sentenced to a suspended sentence of three years for ten months due to the current-time building and fire-prevention.

The fact that the defendant seems to have been aware of his mistake and against himself, and that the degree of the power of use is not much serious, is favorable to the defendant.

In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.

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