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(영문) 대전지방법원 2020.05.22 2020고단852

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 20:58 on January 11, 2020, the Defendant: (a) called “C” located in Chungcheongnam-gun, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, that the Defendant was called “C” with the employees of the company including the victim D (at the age of 31) and “the victim would be brudd and frighted; (b) the Defendant collected the victim with the material of fraud on the table table, and was in line with the breast part.

In this respect, the defendant carried a dangerous article with a contact with a fraudulent material, and assaults the victim.

2. On January 11, 2020, at around 21:25, the Defendant committed assault, such as: (a) on the same frequency parking lot as indicated in paragraph (1) and reporting 112, F of the circumstances belonging to the Seocheon Police Station E District, G having been dispatched to the site and questioning the Defendant about his personal information and the reasons for the dispute; (b) f of G’s breath; (c) f of G’s breath; and (d) flading the Defendant’s arm’s body; (c) f of the Defendant’s arm’s body; and (d) f of G with the Defendant’s arms and flading the Defendant to make the Defendant take the right left-hand side of G with his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Application of Acts and subordinate statutes on the 112 Reporting of Investigation Reports (Attachment to the C CCTVs and caps photographs, field photographs, etc.) and the 112 Reporting Case List;

1. Articles 261, 260 (1), and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant did not request the victim D at all, that the defendant was sentenced to a fine for the same kind of crime, and that there was a record of the suspension of the execution of imprisonment and two fines due to fraud: Provided, That the defendant erred.