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(영문) 대전지방법원 2020.11.11 2020고단3231
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

On April 18, 2020, the Defendant, at the parking lot in front of the Daejeon District Police Station C District of Daejeon Daejeon, Daejeon, Daejeon, in order to arrest a flagrant offender due to the offense of insult by police officers D, etc., and then to bring the Defendant into the C District, the Defendant assaulted the E knee of the police officer, who tried to get the Defendant down at the vehicle while getting out of the vehicle, to walk the E knee of the police officer belonging to the Daejeon District C District of the Daejeon District Police Station.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and taking over of a police officer in uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Although the nature of the crime cannot be deemed to be light in light of the reasons for sentencing under Article 62(1) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the fact that a police officer, who was the other party to the insult at the time, received a letter of use from a police officer, by means of a truth; (b) the fact that a police officer, who was the victim of the instant crime, was deposited for the victim of the instant crime; and (c) the defendant’s age, character and behavior, environment, family relationship, motive and consequence of the instant crime, circumstances after the instant crime, etc., and

Public Prosecution Rejection Parts

1. At around 01:20 on April 18, 2020, the Defendant publicly insultingd the victim by openly referring the victim of the Daejeon Middle Police Station C District of Daejeon, who was the victim of the Daejeon Middle Police Station, who was called up after receiving 112 reports on the fact that he had a fire officer F, a non-resident, etc., in front of the Dae-ro 228 Administrative Welfare Center, around 01:20, the Defendant: (a) sent to the Daejeon Middle Police Station C District; (b) Maskn, the victim, who was the victim of the Daejeon Middle Police Station C District; (c) Maskn, Maskn, the bit son’s age.

2. Determination

(a) An offense subject to prosecution upon complaint: Article 312 (1) of the Criminal Act;

(b) Declaration of withdrawal of a complaint after institution of public prosecution: The withdrawal of a complaint on October 7, 2020;

(c) Public prosecution;

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