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(영문) 대전지방법원 2020.10.30 2020고단2961
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 13, 2020, around 00:04, the Defendant was taking protective measures as the zone D district of the Geumsan Police Station, by the police officers belonging to the Geumsan Police Station D Zone D, which was dispatched after receiving a report from 112 that the Defendant c convenience stores located in Geumsan-gun B, Geumsan-gun will fright and fright the sound by drinking at the C convenience stores located in Geumsan-gun.

At around 01:00 on the same day, the Defendant assaulted a guard, who was a police officer belonging to the said patrol group, on the part of the Defendant’s spouse, on the face of drinking, by taking the head of the said E in order to hand over the Defendant over the Defendant to E, who is the spouse of the Defendant. The Defendant assaulted the Defendant, on the other hand, once walking the left side of the F, who was a policeman belonging to the said patrol group, on the other hand.

Accordingly, the defendant interfered with the legitimate performance of public duties by police officers on the protection of people's lives, bodies and property, public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a criminal investigation report (in relation to the initial mobilization and arrest background), investigation report (in relation to the CD attachment to the CCTV business), investigation report (in relation to the CD attachment), investigation report (in relation to the analysis of the assault and video CD attachment attached to the D District), investigation report (in relation to the 112 reported case processing table), investigation report (Attachment to the damaged police officer's report), investigation report (Attachment to the damaged police officer's report), investigation report (Attachment to the work log for the D District Line), investigation report (Attachment to the official identification card of the damaged police officer), investigation report (in relation to the suspect's act), investigation report (Attachment to the cell phone image attached to the police officer'

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an act of assaulting a police officer under the influence of alcohol by the Defendant, thereby obstructing the performance of official duties. In particular, the crime of obstruction of performance of official duties is a lawful exercise of public authority.

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