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(영문) 대전지방법원 서산지원 2021.01.27 2020고단1112
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

피고인은 2020. 7. 27. 17:20 경 충남 태안군 B에 있는 C 카페 앞 도로에서 ‘ 어떤 여자가 애를 너무 심하게 때린다, 아동 학대 정황이 보인다, 확인 해 달라’ 는 방문신고를 받고 출동한 충남 태안경찰서 D 파출소 소속 경찰관 순경 E으로부터 신고 사항 및 인적 사항 등에 대한 확인을 요구 받자 “ 더워 죽겠는데 뭘 헛소리냐,

It shall not be ra, mala, or laver.

“In doing so, she tried to board and move a taxi on the spot, and in order to be informed of the situation F belonging to the above E and the Chungcheongnaman Police Station in the Haakan Eastan Police Station, she is deemed to have been employed;

R. L. L. L.C.;

D. When taking a bath, spiting F on the face of F in the above circumstances where he/she spited the neck of E once in a food, he/she spited the brine on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on handling reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement F of the police statement with respect to E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Crimes of obstructing the execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act need to be strictly punished in light of the legal order and the function of the State by obstructing the exercise of legitimate public authority, and the nature of crimes is not good considering the developments and degree of assault.

However, the fact that the defendant recognizes and reflects the crime, and that it is the first offender who has no record of crime, etc. shall be considered as favorable circumstances.

In addition, the punishment shall be determined as ordered by taking into account all kinds of sentencing conditions, such as the defendant's age, sex, environment, etc.

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