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(영문) 대전지방법원 서산지원 2019.11.21 2019고단779
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five months.

except that 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

On June 2, 2019, at around 17:35, the Defendant reported on 112 the Defendant’s residence in the Sinjin-si, that “the vehicle was omitted in the debate,” and asked that there was no defect in the Defendant’s drinking operation, and that there was no fact of drinking and driving the alcohol, and the Defendant assaulted the Defendant, despite the police officer’s restraint, who was on the table, was frighted on the table, and frighted the body of the said D, which demanded a drinking test, and continued to fright the chest with the finger hand on the body of the said D.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation;

1. 112 reported case handling table;

1. Investigation report (Attachment to a flamp and image);

1. Application of CD(s)-related Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant uses violence against police officers in the course of performing official duties due to his uniform.

However, the sentencing conditions specified in arguments, such as the defendant's age, character and conduct, environment, motive for committing a crime, circumstances after committing a crime, etc., shall be determined as follows: Provided, That the punishment shall be determined as ordered by taking into account the following factors: (a) the defendant's mistake is recognized and reflects; (b) there is no criminal record or serious criminal record other than the fine imposed twice for another type of crime; (c)

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