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(영문) 대전지방법원 2020.04.09 2019고단4667
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 5, 2019, around 09:45, the Defendant: (a) committed assault at the Daejeon Pream Station C District District of Daejeon Seosung-gu Daejeon, Daejeon-gu, Daejeon-gu; (b) “Abrupted to assist a drunk customer because he/she does not break,” upon request by Do a taxi article D; (c) the Defendant’s failure to move to the earth by cutting off the Defendant into the earth; and (d) interfered with the foregoing E; and (e) the Defendant’s remaining knife of the said E, who tried to give him/her a knick with his/her right hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to the global situation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements prepared in D;

1. Reports of internal death (e.g., developments leading to recognition of assaulting obstruction of performance of official duties);

1. A investigation report (Attachment to the closure of CCTV images in the C District);

1. Photographs (a photographed flag and a part of the assault of a victim);

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

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

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

1. The act of blocking or obstructing the execution of official duties by violence by legitimate execution of official duties with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act that damages the public interest to be achieved by the performance of official duties, and at the same time it destroys the legitimate authority of the State action and legal order, and thus constitutes a serious crime

In this case, the defendant exercised violence by taking protective measures against the defendant under the Act on the Performance of Duties by Police Officers, such as once blicking the police officer's breath and smugglinging the above police officer. In light of the contents and methods of the crime of this case, the illegality is not weak.

However, it is reasonable to consider favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects it, and that the defendant has no record of punishment exceeding the fine, and this is the age and period of the defendant.

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