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(영문) 대전지방법원 천안지원 2020.06.24 2019고단3421

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 December 11, 2019, the Defendant: (a) was suspected of having the victim C (at the age of 25) from the elevator of the elevator of the building B in Western-gu, Seo-gu, Seoan-gu, Seocheon-si; (b) was her own hand, leading the victim’s head cata and candles; and (c) was towed to the parking lot of the first floor of the building in question.

Accordingly, the defendant assaulted the victim.

2. At around 01:53 on December 11, 2019, the Defendant reported at the same place as Paragraph 1, and received a 112 report that “the sound of women is difficult,” and received a separate measure from C from the police officers belonging to the “D Zone D District Police Station of the Yancheon-gu North Korean Police Station, the Defendant continued to go against C, while taking measures separately from C, and the Defendant assaulted E face one time by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. 112 reported case handling table;

1. Application of the case photographic statute

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

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution has a record of being punished by a fine due to the crime of injury, the punishment as ordered shall be determined by taking into consideration the following: (a) the police officers in the course of performing official duties exercise violence; (b) the degree of violence against the victim is serious; (c) the victim wants to commit a crime; (d) the defendant is recognized to have no record of criminal punishment other than the above fine;