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(영문) 대전지방법원 2020.08.20 2020고단1292
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On February 12, 2020, at around 00:45, the Defendant: (a) committed assault, such as assaulting the parts of the above E, in both hands, of the following sub-section C, on the roads located in Daejeon-gu, Daejeon-gu; (b) reported traffic accident No. 112; and (c) dispatched to the relevant area, from the slope of the Daejeon-gu Police Station D Police Station, to the road.

As a result, the defendant interfered with legitimate execution of duties of police officers regarding traffic accident handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports on police statements of the F (WW G phone statement);

1. The relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution of the Selection of Imprisonment with Labor, Article 62-2 of the Criminal Act on the grounds of sentencing, such as the order to provide community service and order to attend a lecture under Article 62-2 of the Criminal Act, should bear strict legal responsibility for the crime committed in light of the public authority, and the defendant has a number of criminal records including the same or similar criminal records

However, there are circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and the defendant has no record of being sentenced to the punishment heavier than that of the suspension of execution for the same or similar crime, and the defendant's age, character and conduct, environment, motive and means of the crime and results thereof, and all the circumstances shown in the records and arguments of this case, such as the circumstances after the crime, shall be determined as the sentence as ordered,

Public Prosecution Rejection Parts

1. Around 00:40 on February 12, 2020, the Defendant assaulted the victim F (53 years old) of the victim F (53 years old) who was seated in Daejeon-gu, Daejeon-gu, and called in a taxi to receive traffic accident from an insurance company, on a one-time occasion without any reason, with the victim’s head head head, and then returned the victim’s head from the said taxi to the said taxi.

2. Determination.

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