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(영문) 대전지방법원 천안지원 2019.05.30 2019고단528
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 24, 2019, between 00:50 to 00:57, the Defendant assaulted the above police officers, such as the following: (a) the Defendant’s residence located in Asan City B apartment C; (b) the circumstances leading up to the Asan Police Station D commander of the Asan Police Station, who was dispatched to the scene after having received a report on domestic violence, and attempted to have the Defendant’s wife go out of the scene; and (c) the Defendant stated that “packer” was a son and her wife, and that “packer” was a son, one time at his hand, and the Defendant committed assault against the above police officers, such as putting the head debt of the above F that prevents him from doing so.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. The photographic site;

1. Application of Acts and subordinate statutes notifying departments related to 112 Incident report;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act recognize and reflects the defendant's wrong, and there is no record of punishment, and the crime of obstruction of performance of official duties requires strict punishment as a crime prejudicial to the function of the State by nullifying the exercise of legitimate public authority. The crime of this case is not proper in terms of the number of police officers subject to punishment, methods and degree of assault, etc., and other factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and various other factors of sentencing specified in the argument of this case shall be determined as ordered by

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