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(영문) 대전지방법원천안지원 2020.08.18 2020고단1284
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and a fine of one hundred thousand won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. On May 6, 2020, the Defendant: (a) obstructed the performance of official duties; (b) opened a road on the street B in front of Asan City on May 6, 2020; and (c) opened a 112-report, the police officers affiliated with the Asan Police Station C police box dispatched to the site after having received the 112 report, asked the name of the police officers assigned to the scene to have the Defendant broken the Defendant, and ask him/her ask him/her for his/her head of the Asan Police Station C police box ( South, 39 years old) to have him/her returned to his/her home, thereby breaking his/her son’

At around 23:24 on the same day, the Defendant was arrested as a flagrant offender for the crime of obstruction of performance of official duties, etc. on the ground as above, and the face of the above D police box was taken to the back seat of the patrol box and taken to the C police box, and the face of the above D police box was taken to the C police box at KRW 23:30 on the same day, while waiting to the C police box at around 23:30 on the same day, the Defendant spited the face of the left face of the above D police box at one head, and spit the E (Nam, 51 years old) head.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of police officers' 112 declaration processing and arrest of flagrant offenders, and at the same time, the above victim D with approximately two weeks of treatment.

2. On May 6, 2020, the Defendant violated the Punishment of Minor Offenses Act: (a) on the road, park, and other places where many people gather or frequent, and (b) on the street, park, and other places where people gather or frequent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. 12Notification of 112 Declarations, on-site photographs, and investigation reports (to be attached to data images of the criminal scene);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 136 (1) and 257 (1) of the Criminal Act and Article 3 (1) 12 of the Punishment of Minor Offenses Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Mutual Crimes of Obstruction of Performance of Official Duties and of Injury);

1. Selection of imprisonment with prison labor, and selection of fines (violation of the Punishment of Minor Offenses Act);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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