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(영문) 전주지방법원 2018.12.20 2018고단2167
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 22:44, 2018, the Defendant was under the influence of alcohol in front of “C” located in B of Yasan-gu, Yasan-si, and was under the influence of alcohol and was under the influence of alcohol. On September 8, 2018, the Defendant continued to be under the influence of the reporter, the person under the duty to act, and the police officer with the desire to take a bath when verifying the circumstances of the case E belonging to the D District of the 112 Police Station at the scene after receiving a report.

The Inspector E tried to separate the defendant and the reporter, and to send the defendant to the denied vehicle of the defendant who was at the time, but the defendant completely refused to do so. In order to take the protective measures to be taken against the reporter continuously, the defendant was taken to the 112 patrol vehicle and then "I am off the defendant."

“.....”

At that time, the defendant, who was unloaded from the back seat of the patrol vehicle, was at the time when he took a bath and took a bath for drinking E.

The reason why E arrested the defendant as the current offender, took the defendant into custody to the D District Office, and transferred him to the D District Office, and the defendant was faced with the defect that he tried to capture the defendant, and the defendant was faced with the face of E with his left hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and E;

1. Each report on investigation;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment on the sentencing guidelines [the type of determination] shall be from six months to six months of imprisonment in the basic area where there is no type 1 (Interference with and Forced Performance of Official Duties) [the scope of the recommended punishment] (a decision in the sphere of recommendation] (a decision in the sphere of special sentencing].

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