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(영문) 대전지방법원 천안지원 2019.10.02 2019고단1175
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 became final and conclusive.

Reasons

Punishment of the crime

On December 25, 2018, around 01:43, the Defendant reported 112 on the front side of the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant committed assault, such as: (a) the Defendant, on his hand, who was a police officer belonging to the Seocheonbuk Police Station C District, called “Sail”, and (b) the Defendant, on the one hand, committed assault, such as: (c) the Defendant, on the other hand, who was called up to the scene, that he would not pay a fee; and (d) the Defendant, who was called up to the scene, requested a slope D to return home; and (d) the Defendant, who was a police officer belonging to the Seocheon-gu, Seocheon Police Station C District, who was called up to the scene, was tightly pushed up twice

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by D or E, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Notification to a department related to reporting 112 cases;

1. Application of the case photographic statute

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant used violence against police officers in the course of performing official duties. The punishment is determined as ordered in consideration of the following: (a) the defendant's use of violence against police officers is bad; (b) the defendant committed the obstruction of performance of official duties on April 18, 2018; (c) the defendant again committed the obstruction of performance of official duties after being sentenced to a fine of KRW 3 million in the court on October 19, 2018; and (d) the defendant was detained near the month in which he was detained.

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