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(영문) 대전지방법원 천안지원 2020.05.26 2020고단657
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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. On March 14, 2020, the Defendant of the obstruction of performance of official duties against police officers B was urged to return home from a slope B (the age of 45) who was a police officer belonging to the YY E district unit of the YY and was sent to the site after receiving a report of 112 on March 14, 202, around the main point of "D," located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon, the Defendant used the above B to move home from a slope B (the age of 45) who was a police officer belonging to the E district unit of the YK police station E district, and continued to move home from the above main building without any reason, and assaulted B of the face of the above B once.

As a result, the Defendant interfered with the legitimate performance of official duties of police officers regarding the 112-report handling duty.

2. At around 21:52 on the same day, the Defendant arrested as a flagrant offender for the same reason, and was in custody in the E zone of the Y of the YYK in Seoan-gu, Seoan-gu, Seoan-si, Seoan-si, Seoan-si, and assaulted to the body of F (24 years old) who was a police officer belonging to the said patrol group, on the ground that the police officer was in danger of fire and was working in the E zone of the Seoan-gu, Seoan-gu.

Accordingly, the defendant interfered with the legitimate execution of official duties in relation to the arrest and custody of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Investigation report (to be accompanied by district ct v images);

1. Photographs of damaged parts;

1. Details of report on 112 cases;

1. Application of Acts and subordinate statutes to investigative reports (faception, dyphal extraction, analysis, etc.);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime.

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes and reflects the defendant's wrong, and the primary offender is the defendant's family members and branch members wanting the wife while leading the guidance, and the crime of obstruction of performance of official duties is to circumvent the exercise of legitimate public authority.

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