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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 천안지원 2021.02.19 2020고단2845
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2020, the Defendant: (a) was arrested by the head of the police station to be sentenced to a fine unpaid in front of the Sinsan City, Asan City; (b) was on the back seat of the 112 patrol unit; and (c) was traveling to C police box while moving to C police box, the police officer of the Asan Police Station C police box belonging to the Asan Police Station C, to stop the Defendant; (d) knife D’s right hand hand hand hand hand to the Defendant at the front of the temporary police box located in the Sinsan City, Asan-si; (b) around 21:57 of the same day, the police officer, who belongs to the above police box, tried to take over the Defendant’s personal injury to the police station in front of the temporary police box located in Asan-si, Asan-si; and (c) tried to take over the Defendant’s personal injury to the Asan Police Station.

In doing so, the part on the right side side of F was charged once by the right side with the statement "this tamper".

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on arrest duties and handing over of soldiers by the head of the prison office.

Summary of Evidence

1. The application of the defendant's legal statement D, the investigation report of each police's statement to F (Evidence that it interferes with the execution of official duties) to the defendant, and statutes governing field photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is determined by taking account of the Defendant’s age, sex, environment, motive, background, means and consequence leading to the commission of the crime, and the circumstances after the commission of the crime, as indicated in the records.

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