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(영문) 대전지방법원 2020.12.17 2020고단3963
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on December 23, 2019, the Defendant: (a) at the C District D District Office located in Seo-gu Daejeon, Seo-gu, Daejeon; (b) “A police officer who was a police officer and the police officer who was working.” The police officer’s consciousness also experienced the event of bitch bitch bitch bitch bitch bitch bitch bitch. The police officer is in accordance with this principle.” On December 23, 2019, the Defendant avoided a disturbance for about 30 minutes; (c) continuously avoided the Defendant’s home home before the C District gate; and (d) continuously abandoned the purchase; and (d) set D’s breast door by blocking the d’s chest on one hand, thereby spreading it over the floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and investigation affairs by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the statement by the police on D (with respect to the obstruction of performance of official duties), and the application of Acts and subordinate statutes on investigation reports (C district CCTV images);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than five years;

2. The Defendant rendered a sentence of sentence has avoided the disturbance of 30 minutes in the earth, and exercised physical power to police officers who perform official duties, and the nature of the crime is not good.

However, there is no record that the defendant has been sentenced to the suspended sentence of imprisonment or heavier punishment, and as shown below, the victim E and F of the assault case, which caused the occurrence of this case, and the agreement with D, who is the other party to the obstruction of performance of official duties, does not want the punishment of the defendant, and the fact that the defendant recognizes the crime of this case and reflects it shall be considered as favorable circumstances to

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, etc. are considered, and the sentencing conditions under Article 51 of the Criminal Act are considered.

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