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(영문) 대전지방법원 천안지원 2020.01.09 2019고단1775
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around June 26, 2019, the Defendant of a special lineal assault committed assault against the victim who continues to exist with dangerous things when she was able to take a her mother’s right part in his/her arms at his/her dwelling room located in Asan City B, by taking the victim’s her desire to “Crania” as a her mother’s assaulting day from C (her mother, 53 years of age).

2. On June 27, 2019, the Defendant: (a) 00:20 on Asan-si, Asan-si, Asan-si, arrested a flagrant offender on the floor that was arrested and taken in the post at the Fain-si, Asan-si, and then spited on the floor that was seated in the fab, and obstructed the lawful execution of police officers’ duties to arrest a flagrant offender on the ground that he fell under G, who belongs to the Fain-si, of the Ain-si Police Station Fasan-si, “this spacks, spacks, spacks, spacks, and spacks, spacks, spacks, spacks, and spacks, spacks, etc. of the said G’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, D, G, and H;

1. Investigation report (to attach visual images of on-site CCTV);

1. Application of statutes on site photographs;

1. Relevant Article 136(1) of the Criminal Act, Articles 261 and 260(2) of the Criminal Act and the choice of punishment for the crime (the point of obstruction of performance of official duties), Articles 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Considerations, such as the fact that the sentencing of Article 62-2 of the Probation Criminal Act is not good enough for the reason thereof, the fact that the defendant is punished once as a fine for the same kind of crime, and the mother of the victim does not want the punishment;

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