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Reasons
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(영문) 대전지방법원 2020.05.08 2019고단4457
공무집행방해
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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 13, 2019, at around 20:35, the Defendant: (a) arrested the Defendant as a flagrant offender in the crime of interference with business from the slope E belonging to the D District District of the House Police Station, which was called upon a 112 report, on the road in front of the C cafeteria located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant refused to take the Defendant away from the patrol vehicle “if there is no error in the inside, she would be dissatisfy; and (b) assaulted the head by spiting the upper part of the right side of the slope E’s slope face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] : The basic area of obstruction of performance of official duties [Determination of the area of recommendation] / [Determination of the area of recommendation] / The scope of punishment ] six months to one year and six months / The main reason for suspension of execution / The main reason for suspension of execution : The negative criminal records of the same kind (within five years, fine not less than three times): The negative reason for suspension of execution - The reasons for suspension of execution of imprisonment : The criminal records of the same kind:

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