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(영문) 의정부지방법원 2019.02.13 2018고단4491

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 October 10, 2018, around 10:40 on 10:10 on 10:40, the Defendant heard the phrase, “I do not have the right to compulsorily open a place of residence without confirmation” from the slope F of the Ku Government Police Station D Zone E, a police officer, who was dispatched after receiving 112 report to the effect that “the married husband and his children live, and they have been able to carry their own things, such as clothes, verbal, and cosmetics.” The Defendant saw, “I want to get out a place of residence without confirmation, I want to get out of the police, I want to die, I want to die, I want to get back the part of E’s jum to get back, and the f’s f’s jum to get out of it, and the f’s scherthm to scher the f’s slope to scher.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch and management of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. The application of Acts and subordinate statutes to photograph damage, report on investigation (Analysis of video data related to the case), and report on investigation (verification of evidence by police officers);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The Defendant’s crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation, etc. Act prevents a police officer in charge of reporting a case from performing his/her legitimate duties, and thus, in order to establish the State’s legal order and eradicate the light of public authority, it is necessary to strictly punish a crime against the public authority. Therefore, such crime of this case’s crime and its nature are not

However, the fact that the defendant led to the confession of the crime of this case and seriously reflects on the defendant's mother, and that the defendant's mother wants to take the defendant's wife.