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(영문) 대전지방법원 천안지원 2021.02.05 2020고단3210
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) on September 24, 2020, the Defendant: (b) on September 24, 2020, the Defendant: (c) on the street in front of C in Chungcheongnam-si, Chungcheongnam-si; and (d) on September 24, 202, after receiving 112 reports, asked the Defendant, who is a policeman belonging to the D District of the Chungcheongnam-nam Police Station D of the

니가 지금 나 하고 맞짱 떠서 죽을래

맞짱 뜨자 ”라고 말하면서 위 E에게 다가가 위협하고, 이후 위 C 안으로 들어가려는 것을 같은 지구대 소속 경장인 F이 제지하자 손으로 위 F의 얼굴을 1회 때려 폭행하였다.

Accordingly, the Defendant assaulted a police officer with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of G, H and I;

1. Application of Acts and subordinate statutes to the offender's place, report on internal investigation (Obstruction, etc. of the execution of official duties), and field pictures

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, with the reason for sentencing, expressed a desire and used violence against the police officer in uniform. Such an act is likely to be criticized in that it not only interferes with the police officer’s duty to maintain order, but also may promote light of legal order and public authority.

In the past, the defendant has been repeatedly committed the same crime even though he was sentenced one time to imprisonment with prison labor due to interference with the execution of official duties.

However, the defendant recognizes his mistake and is against his will.

For police officers E, 400,000 won was deposited and 500,000 won was deposited for F.

It is currently receiving treatment of alcohol addiction as a crime under the state of drinking.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as the sentence.

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