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(영문) 대전지방법원천안지원 2020.12.18 2020고단2439

폭행등

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

1. On July 6, 2020, the Defendant was at around 22:40, in front of the D business operated by the victim C (V, 48 years of age) in Yannam-gu, Chungcheongnam-gu, the Defendant: (a) found his employee E who worked in the said D business; (b) discovered the said C’s arms in several instances; (c) discovered the victim F (V, South, and 39 years of age) who was in front of the said D business; (d) prevented the Defendant; and (e) avoided the said F by hand; and (e) the victim G (V, South, and 51 years of age) who was in front of the said D business; and (e) took the Defendant’s possession of the said G’s arms, and (e) was driving in the said G business.

Accordingly, the victims of the crime committed violence against the defendant.

2. The Defendant committed the crime of obstruction of performance of official duties on the ground that: (a) at the time and place specified in paragraph (1) of this Article, “masting a fluort by South and North Korea Police Station H District of the Yananannam Police Station,” who was dispatched to the site after receiving 112 reports, and (b) the I, who was the police officer belonging to the H District of the Haannam Police Station of the Haannam Police Station, prevented the Defendant from leading to the above G; and (c) the above I was pushed into a fluort with the right fluor of the b

Accordingly, the Defendant assaulted the police officer with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case, report on internal investigation, scene and photographs of damage, and report on investigation (verification of moving images);

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1). [No person shall be subject to obstruction of the performance of official duties or coercion of official duties (special person) (Article 1).