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(영문) 대전지방법원천안지원 2020.11.25 2020고단2590
공무집행방해
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 21, 2020, at around 21:55, the Defendant: (a) received a 112 report, prior to the Seoanbuk-gu apartment site B, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant: (b) expressed a bath to “the address of a bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and continued to talk with F of the said apartment E before the above apartment E; (c) expressed a bath to “Sch son” that “I want to know you you you you you you you you you you you you know the son’s seat.” On the other hand, the Defendant assaulted D’s left end fbuck son by walking the upper part once, and walked F’s right plbbbuck.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes by police officers and the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. 112. List of reported cases;

1. Application of the case photographic statute

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of criminal facts;

1. The Prosecutor, among concurrent crimes, has been prosecuted as concurrent crimes but ex officio recognized as substantive concurrent crimes.

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. The reasons for sentencing under Article 62(1) of the Criminal Act, such as the fact that the defendant's reason for sentencing under Article 62(1) of the suspended sentence, under the influence of alcohol, is not likely to commit a crime by exercising violence against police officers in the course of performing official duties, the degree of violence committed by the defendant is not weak, the defendant recognizes and reflects the crime, the fact that the damaged police officers do not want criminal punishment of the defendant, and there is no record of criminal punishment exceeding a fine

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