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(영문) 수원지방법원평택지원 2020.12.01 2020고단1886

공무집행방해

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.

Reasons

Punishment of the crime

On July 27, 2020, at around 00:51, the Defendant: (a) reported on July 27, 2020 that “C convenience points” in Pyeongtaek-si B, the Defendant was 112, and was dispatched to the site, and was in order for police officers E and policeman to verify the Defendant’s personal information; (b) was able to get off the Defendant’s hand over two times in the face of Pyeongtaek, she was able to get off the knife from the knife; and (c) continued to get off the knife’s knife with the left hand, and went off and pushed off the Fman’s knife with the knife’s knife’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E의 진술서 내사보고, 수사보고(현장출동 경찰관이 바디�으로 촬영한 영상 확인 관련) 현장출동 경찰관이 바디캠으로 촬영한 영상을 발췌한 사진 법령의 적용

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, shall be determined as indicated in the order, comprehensively taking into account the following factors:

favorable sentencing factors: The fact that one's mistake is recognized and against himself, there is no penalty force exceeding fine, and the degree of the exercise of tangible force is not much serious: The fact that there is a need to strictly punish the obstruction of performance of official duties in order to establish the legal order of the state and eradicate the light of the public authority, that there is a prior conviction of crimes related to four times of fines, that there is no letter from the damaged police officials, that there is a criminal record of crimes related to violence.