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(영문) 대전지방법원서산지원 2020.12.09 2020고단986
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On June 20, 2020, at around 02:30, the Defendant: (a) 112 reported by the Defendant’s wife at the Defendant’s residence located in Seosan-si Building C; (b) opened the first class of the E, and took a bath to the said E without any justifiable reason, and (c) assaulted the son of the said F at one time on his hand, by putting the said E’s chest over two times, with the Defendant’s clothes pushed down on two occasions; and (d) the police officer prevented the F from doing so.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of statutes on field image;

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is that a crime of obstructing the exercise of legitimate public authority requires strict punishment as an offense detrimental to the legal order and the function of the State, and the nature of the offense is not good considering the developments and degree of the assault.

However, the fact that the defendant recognizes and reflects the crime, and that it is the first offender who has no criminal power, etc. shall be considered as favorable circumstances.

Other conditions of sentencing, such as the age, character and conduct, environment, etc. of defendants, shall be determined as per the disposition.

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