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(영문) 대전지방법원 2019.06.05 2019고단1198
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 3, 2019, at around 22:10, the Defendant: (a) received the report of the above C-C-112 on the ground that the Defendant did not pay the alcohol value while drinking alcohol to customers; and (b) requested the Defendant to calculate and withdraw the alcohol value of the police officer belonging to the Daejeon Middle Police Station E-gu, Daejeon, and that he did not pay the alcohol value; (c) the Defendant rejected and sound the said request.

Accordingly, the above F entered the police TPPA in order to take a notice disposition in an unfortunate manner, and the Defendant took actions to use violence against the above police officer, namely, “Nice’s name was F,” and “Nice’s business owner was reported.”

On the other hand, the Defendant continued to commit the above act of the Defendant: (a) sealed the Defendant’s body by carrying the G in force; (b) tried to restrain the Defendant’s act; and (c) committed violence by breaking the rank of the shoulder on the side, which read “to remove and throw away the class”; and (d) obstructed the police officer’s legitimate performance of duties regarding the handling of the 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. C’s statement;

1. The application of Acts and subordinate statutes to report on the occurrence of damage, shotfics and accident;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. It is necessary to strictly punish a suspended sentence of Article 62(1) of the Criminal Act as hindering a public official from performing his/her duties on the justifiable grounds of sentencing.

However, in consideration of the fact that the defendant has no same criminal power and is divided, the punishment as the order shall be determined.

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