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(영문) 전주지방법원 2019.08.20 2019고단468
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

Around 03:05 on February 26, 2019, the Defendant reported to 119 on the effect that the facts in C branch offices of the Korea Highway Corporation located in C branch offices located in B, in spite of the fact that he did not drink toxic drugs, the Defendant reported it to 119 under the influence of alcohol. The Defendant, upon receiving a request from the 119 emergency squad, demanded that the Defendant “I want to sleep, and I want to sleep, I would like to do so.” However, I would like to hear the statement from E that “I would under the influence of alcohol, and will not receive treatment even if I would go to the hospital unless there are any other problems.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (related to attaching detailed statements for handling 112 reported cases);

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

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

1. The defendant's act of assaulting a police officer on duty without any particular reason in sentencing Article 62-2 of the Criminal Act, such as probation, community service and order to attend lectures, shall be subject to criticism.

However, the punishment shall be determined as ordered in consideration of the fact that there is no criminal record of the same kind and there is no criminal record exceeding the fine, etc.

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