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Reasons
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(영문) 청주지방법원 2020.04.02 2019고단2792
공무집행방해
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A defendant shall be punished by imprisonment for six 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

At around 21:30 on November 11, 2019, the Defendant: (a) caused a defect in arresting Mongolia, which is the Defendant’s seat, in front of the Seo-gu Seoul Metropolitan Government B B loan; (b) caused a defect in arresting Mongolia, who is the Defendant’s seat, to the charge of property damage; and (c) caused D’s defect in arresting Mongolia, who is the Defendant’s seat, to “I am liable for a son’s disability, unless otherwise,” and (d) was unable to wear the E’s arms, in which D attempted to wear the son’s hand.

In addition, D used force for about 5 minutes, such as opening the back of the police patrol vehicle and opening E with the body of the defect about to load E inside the vehicle, keeping D with the back of the patrol vehicle, and thoroughly closing the back of the patrol vehicle, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. Statement made to D by the police;

1. 112 Application of the 112 Reporting Report Processing Manual and the Acts and subordinate statutes governing motion picture images of vehicles interfering with the performance of official duties;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Circumstances that are advantageous to the fact that it has not been taken out by the victimized police officers: The confession and reflect of a crime, the fact that there is no record of punishment except for the cases of minor fines due to the crime of this kind, and other all the circumstances which form the conditions for sentencing, such as the defendant's age, character and behavior, environment, and circumstances before and

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