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(영문) 대전지방법원 서산지원 2019.03.28 2018고단1265
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 14:40 on September 2, 2018, the Defendant: (a) sent to the site after receiving a report from 112 that “the Defendant was assaulted by the receptionor” in front of the convenience store C located in the Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of 118; (b) sent the 112 Report case, and (c) sent the Defendant at the seat of the police station D Zone E of the Si of Si of Si of Si of Si of Gu of 112 on the ground that it was impossible for the police officer to be informed of the defect in the process of concluding the said 112 Report; and (d) sent the police officer to the site of other 112 Report, the Defendant: (a) told the police officer at hand, saying that the police officer would not stop the patrol; and (b) told the said E’s chest by hand,

As a result, the defendant assaulted police officers E, thereby obstructing police officers' legitimate execution of duties concerning handling of 112 reported cases, and protecting people's lives, bodies, and property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notification to a department related to 112 case reporting;

1. Report on internal investigation (Attachment of a photograph of damage police officer), two copies of the damaged photograph, and the application of Acts and subordinate statutes on site photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria apply [Scope of recommending punishment] the category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the mitigation area (one to eight months), (special mitigation persons), the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is insignificant;

2. Determination of the sentence of punishment by comprehensively taking into account the following factors: (a) the fact that the Defendant recognized a mistake and reflects the determination of the sentence; (b) the degree of assault is relatively not more severe; (c) there are no past and penal records exceeding the fine; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc.,

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