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(영문) 대전지방법원 2020.04.08 2019고단3772

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

On September 8, 2019, around 00:42, the Defendant: (a) committed assault against the Defendant, on his hand, at the front parking lot of Daejeon Jung-gu apartment C-dong, Daejeon, and (b) “B-dong, with a large interest of the proprietor, and for security guards,” to check the Defendant’s face claimed by E-Gun, the circumstances leading to the D-dong of the Daejeon Middle-gu Police Station D-dong, which called to the site after receiving a report of 112, that “The Defendant committed assault by force against the left hand of the E in order to check the Defendant’s face.”

Accordingly, the defendant interfered with legitimate execution of duties such as handling of 112 reports by police officers, prevention of crimes, investigation and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of sentence of imprisonment with prison labor (the defendant again commits the instant crime even though he/she had a record of having been sentenced to a suspended sentence of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act in 2013, considering the fact that he/she commits the instant crime);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the violation of mistake while recognizing the crime of this case);

1. Probation and community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] The grounds for the sentencing of obstruction of performance of official duties (person with a special appearance] - The elements for mitigation: Where the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is minor (the decision of the recommended area] mitigated area [the scope of the recommendation area] one month or eight months [the main reasons for suspension of execution] - The main reasons for suspension of execution: In cases where the degree of assault, intimidation, deceptive scheme, or obstruction of official duties is minor;