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(영문) 대전지방법원 천안지원 2020.01.09 2019고단2634
공무집행방해
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

On July 21, 2019, at around 06:00, the Defendant committed a assault, such as assaulting D and E on the street in front of Asan City, and assaulting D and E on the street in front of Asan City, with the 112 report, that the circumstances belonging to the F District Unit of the ASEAN Police Station, dispatched to the site after receiving the 112 report, would have referred D and E to the “dis of why they arrested friends. if they are police,” and assaulted G’s chest part by hand, such as 2-3 smuggling.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers who conduct 112 reporting processing and arresting flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. The police statement concerning G;

1. On-site photographs;

1. A criminal investigation report (Attachment toCCTV images and a scam scams);

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: Defendant’s wrong recognition of and reflects on the grounds of sentencing; Defendant again committed the instant crime despite the fact that he was punished three times due to violent crimes; obstruction of performance of official duties is a crime which impairs the function of the State by nullifying the legitimate exercise of public authority; Defendant’s methods and number of persons subject to the instant assault; Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; Defendant’s motive, means and consequence of the instant crime; circumstances after the crime were committed; and other various conditions of sentencing specified in the pleadings of the instant case.

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