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(영문) 대전지방법원 천안지원 2019.07.25 2019고단1147
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 01:50 on April 12, 2019, the Defendant assaulted the Defendant, who was reported 112 due to the payment of the substitute driving fee in the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the North Korean Police Station C District forces of the Yancheon-gu, which requested the Defendant to return to the site and called out to the Defendant, and was able to take the part of the right hand hand hand of D one time, and the breast part was taken one time due to the head.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. The fact that a person has committed a second offense, even though he/she has been punished as imprisonment with prison labor and imprisonment with prison labor for the crime of obstruction of performance of official duties in 2012 and 2013, etc., with prison labor: Provided, That it is recognized that the person has mistakenly committed a second offense, and three million won has been deposited for a victimized police officer, etc.;

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