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(영문) 대전지방법원 서산지원 2019.07.24 2019고단187
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 14, 2018, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act, etc. in the Seogsan Branch of the Daejeon District Court on June 14, 2018, and was released on November 30, 2018 during the execution of the sentence in the Seogsung Prison District Office. The parole period passed on December 16, 2018.

At around 20:30 on February 10, 2019, the Defendant: (a) took a bath on the ground that he was able to return home to the Defendant under the influence of alcohol by the horse captain E belonging to the Seosan Police Station D District Unit E, which was called to the site after having received a report of 112, and that he was able to do so; and (b) assaulted twice to three times.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to criminal records, reply reports, written judgments, and personal confinement status;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. 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.

3. Crimes are not good to obstruct the performance of official duties by assaulting police officers who perform their duties properly in the decision of sentence;

The degree of violence is not easy.

In order to establish national legal order and public authority, there is a need to strictly punish the obstruction of performance of official duties.

The defendant committed the crime of this case during the period of repeated crime, for which two months have not passed since the execution of punishment was terminated.

Provided, That the fact that the defendant confessions and reflects the crime shall be considered as favorable circumstances.

The age, character and conduct, environment, family relationship, health status, and health status of the defendant.

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