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(영문) 대전지방법원 2020.08.13 2020고단695

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power】 On June 2, 201, the Defendant was sentenced to a fine of KRW 1,00,000 for damage to public property by the Daejeon District Court, and was sentenced to a suspended sentence for four months for obstruction of performance of official duties by the same court on January 22, 2016.

Around 23:50 on January 26, 2020, the Defendant: (a) 23:50, the Defendant saw a trial fee against the police officers in front of the Daejeon Central Police Station D District; (b) obstructed a police officer’s legitimate performance of duties concerning the on-site operation of the police officer, such as: (c) the police officers assigned to the Daejeon Central Police Station D Zone D, and the police officers assigned to the Daejeon Central Police Station D, who attempted to restrain him/her and return home; and (d) “I want to keep him/her fright, be fright, befright, befright, befright, befright, befright, befright, befright, and befright, and interfered with a police officer’s legitimate performance of duties concerning the on-site operation of the police officer.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. Criminal records, inquiry reports, and application of each statute of the judgment;

1. Article 136 (1) of the relevant Act concerning the facts constituting an offense and Article 136 (1) of the multiple-choice Act;

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

1. Although it appears that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that has occurred after being under the influence of alcohol, the same mistake is repeated without being aware of the fact that even before being subjected to a suspended sentence for the same kind of crime, and other circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the argument of this case, shall be determined as per the disposition.

It is so decided as per Disposition for the above reasons.