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(영문) 대전지방법원 천안지원 2021.02.03 2020고단3183
공무집행방해
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2020, the Defendant reported that a drunk person is enjoying on the road at the front crosswalk B in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant sent a defective bath to D to move the victim to a safe place, and assaulted D face with knee.

Accordingly, the defendant interfered with the police officer's legitimate 112 reporting handling of the case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (for on-site witnesses):

1. 112 Declarations;

1. A criminal investigation report (verification of images);

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

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In the case of sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as per the order, taking into consideration the following: (a) the defendant, under the influence of alcohol, has committed a crime by assaulting a police officer in the course of performing official duties; (b) the defendant has been punished several times due to a crime related to violence; (c) the defendant has the same power to commit a crime; (d) the defendant is recognized to commit a crime; and (e) the damaged police officer wanting

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