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(영문) 청주지방법원 영동지원 2019.10.24 2019고단110
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2019, at around 18:58, the Defendant received 112 report that “the Defendant was subject to intimidation” in front of the Yancheon-gun B, Chungcheongnamcheon-gun, the Defendant committed assault, such as assaulting the face of D on one occasion by hearing the horses that he would issue a warning to drinking disturbance from the slope D belonging to the House C District District of the Rocheon Police Station, which called the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos 2 and 7);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Determination of sentence [Incompetence] The defendant, even though he had the same criminal history, assaults a police officer who performs another duty again, and the responsibility for the crime is heavy.

【Pried circumstances】 The Defendant recognized the instant crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.

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