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(영문) 대전지방법원 2019.08.14 2019고단2047
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:55 on May 17, 2019, the Defendant: (a) instructed the police officer to report his/her returning to the viewing and traffic of the police officer in the Daejeon Middle-gu Police Station D District of Daejeon, which was called by a taxi officer after receiving 112 report while the taxi officer went to the direction of the Dong-dong-dong-dong-dong-dong-gu, Daejeon, the destination of which is the destination; (b) instructed the police officer to report his/her returning to the viewing and traffic; and (c) led the police officer to stop carrying the patrol in front of the police officer; and (d) led the police officer to stop carrying out the patrol in front of the police officer’s vehicle while driving the taxi in front of the defect in order to stop him/her from driving the vehicle in front of the police officer’s movement in order to stop him/her from driving the vehicle in the direction other than the latter.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes governing black stuffs and images;

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

1. Crimes that interfere with the duties of police officers on the grounds of sentencing under Article 62(1) of the Criminal Act, and obstruct legal order and public authority, require strict punishment.

However, in consideration of the facts against which the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the conditions of sentencing as shown in the argument of this case, the punishment as ordered shall be determined by taking into account the following circumstances: the defendant's age, character and behavior, family relationship, circumstances after the crime, etc., has no record of punishment for the same kind of crime;

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