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(영문) 대전지방법원 서산지원 2019.11.27 2019고단468
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:40 on March 16, 2019, the Defendant: (a) reported 112 to the Defendant’s house located at the Defendant’s house located at the Sinjin-si, B; (b) and (c) was sent to the scene by the Defendant, as the Defendant reported 112, carried out the said D’s chest part of the said D’s chest by hand, who was about to look at whether the Defendant was a wife or not, as the Defendant reported 112.

Accordingly, the defendant assaulted police officers D and interfered with the legitimate execution of duties concerning the handling of police officers' 112 reported cases and the protection of people's lives, bodies, and property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 reported case handling table;

1. Application of CD-related Acts and subordinate statutes

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 reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant committed the instant crime even though he/she was under probation period, and it is not good that the Defendant assaulted the police officer in the course of performing official duties.

However, it is against the defendant's recognition of the crime, and the degree of violence is not serious.

Other conditions of sentencing, such as the age, character and conduct, environment, health status, family relationship, circumstances after the crime, etc. of the defendant, shall be determined as per the order.

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