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(영문) 대전지방법원 2020.12.17 2020고단4470
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 October 7, 2020, the Defendant, at around 00:15, 200, 222 of the Daejeon Eastern Police Station located in Daejeon Dong-gu, Daejeon, Daejeon, 222 (Radong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Accordingly, the defendant interfered with the legitimate execution of public duties concerning the protection of police officers' lives, bodies, and property.

Summary of Evidence

1. Application of the police's written statement D and B to the defendant's legal statement C to the police's written statement

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than five years;

2. The fact that the defendant, who was sentenced to punishment, exercised physical power on police officers who performed official duties in the police station is not good, and that he was punished for violent crimes is disadvantageous to the defendant.

However, the degree of physical records used by the defendant is weak, and the facts reflected after recognizing the crime of this case are considered as favorable circumstances to the defendant, and other factors such as the age, character and behavior, environment, motive, means and consequence of the crime of this case shall be determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime of this case.

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