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(영문) 대전지방법원 2019.08.20 2019고단2147
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2019, around 03:18, the Defendant committed the crime against the police officer B, on the ground that the Defendant: (a) on the ground that the Defendant: (b) on the first floor “D” on the underground floor of the building C in Daejeon-dong, Daejeon-dong Police Station E-gu, Daejeon-dong Police Station E-gu, who was called up after having received 112 a report and was asked for the reason that the police officer B, who was called up, would face the disturbance, interfere with the police officer’s legitimate performance of official duties on the prevention and suppression of the crime.

2. On June 6, 2019, the Defendant: (a) around 03:30 on June 6, 2019, the Daejeon East Police Station E zone located in Daejeon Dong-gu, Daejeon, Daejeon, on the ground that the slopeF belonging to the said district would take a dynamic image of the Defendant’s desire, thereby obstructing the police officer’s legitimate performance of official duties in relation to the prevention and suppression of the said F’s crime by spiting down the slope into the body of the said F and walking down one time on the right bridge of the said F.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning B and F;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Grounds for aggravated punishment for sentencing under Article 62(1) of the Criminal Act: The instant crime of obstruction of performance of official duties committed against a certain police officer needs to be strictly punished for a crime detrimental to the function of the State by nullifying the legitimate exercise of public authority, and the degree of tangible force exercised against a victimized police officer cannot be deemed to be minor.

Reasons for mitigation: Considering the fact that it is a relatively minor assault related to the performance of official duties, the fact that there is no criminal punishment, and the fact that the injured police officer expressed his intent to commit a crime against the injured police officer.

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