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(영문) 대전지방법원 2020.01.08 2019고단4526
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2019, at around 23:13, the Defendant: (a) informed the circumstances belonging to the Daejeon District Police Station D District Unit of the Daejeon District Police Station, the police officer, and the police officer F, who called up after receiving 112 reports on the floor of alcohol in the Daejeon District B, on November 7, 2019; (b) informed the Defendant of his personal information and dwelling place for returning home; (c) without any special reason, expressed the Defendant’s desire to “the police officer killed and killed, killed, sick, or Nevines, typile,” and assaulted the Defendant at one time on the left side of E in the circumstances where the Defendant was deprived of his arms.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A criminal investigation report (verification of images taken by a police officer accompanying the police officer), and the application of each CD Act and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The act of obstructing the performance of official duties of police officers who wear their uniform under the influence of alcohol by the defendant on the grounds of the suspended sentence under Article 62(1) of the Criminal Act is not against the punishment of the crime. However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant's recognition of the crime and reflects the mistake; (b) the primary crime is the first crime; (c) the damage is not much severe; and (d) the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime; and (e) records such as the circumstances after the crime,

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