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(영문) 대전지방법원 2020.01.17 2019고단3460
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

1. On May 4, 2019, at around 18:05, the Defendant assaulted G, under the influence of alcohol, such as “ging out Chewing”, “a person who is a police officer, cut off satis, cut off satis, cut off satis, cut off satis, cut off satis, cut off satis, and cut off satis,” and “a person who is sent a satisf, cut off satisf, cut off satisf, and cut down satisf,” and “a person who does not need to give a satisf, satch, cut off satch, cut down satisf, sat, etc.” at a time, when he was reported by the head of E-Sincheon-si, E-si, A

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

2. On May 4, 2019, around 19:00, the Defendant: (a) was arrested as a flagrant offender for the act specified in paragraph (1); and (b) was arrested as a flagrant offender; and (c) subsequently, the police officer I received at one time the head of the Dongcheon Police Station’s head to visit the Defendant, and assaulted the said I.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, I, and J;

1. A statement prepared by K;

1. Application of the Acts and subordinate statutes concerning damaged photographs and caps;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant interferes with the performance of official duties by assault twice the same day: Provided, That the defendant's mistake is recognized and reflects his mistake; the defendant has no record of being sentenced to suspension of qualification or heavier punishment due to violence-related crimes after he was sentenced to a suspended sentence of two years for the crime of obstruction of performance of official duties in 194, such as obstruction of performance of official duties; and the defendant's age, character, character, environment

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