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(영문) 대전지방법원서산지원 2020.11.25 2020고단704
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

On May 28, 2020, the Defendant reported on May 13:20, 202 that “The time of leaving the room has elapsed, and there is no answer without a shocking to the customer.” The Defendant, upon reporting on May 28, 2020, 112, sent out to the D District Unit of the Seosan Police Station, sent out by E with the intention of shouldering the Defendant who was diving at the same time and confirming personal information, etc., and assaulted by hand at the left side and face of E.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112. List of reported cases;

1. Application of related Acts and subordinate statutes to photographs;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act requires strict punishment as an offense detrimental to the legal order and the function of the State, by obstructing the exercise of legitimate public authority.

However, the fact that the defendant recognizes and reflects the crime, and that there is no record of the same kind of crime, etc. shall be considered in favorable circumstances.

Other conditions of sentencing, such as the age, character and conduct, environment, etc. of defendants, shall be determined as per the disposition.

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