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(영문) 수원지방법원 2019.10.31 2019고단4283

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On August 1, 2019, the Defendant reported the 112-report to the effect that, while moving a substitute driver to his/her own vehicle on August 1, 2019, the Defendant was unable to have a substitute driver as an alternative destination due to a change in destination, and that, as the substitute driver was stopped, he/she reported the 112-report.

At the front of the Suwon-gu, Suwon-gu, Suwon-gu, the Defendant: (a) heard that the Gyeong-gu, the Gyeong-gu, the Suwon-gu, the Sinan Police Station C Zone C, which received the above 112 report and sent to the Defendant, “I will not see the king-gu, the first destination of which is destination E; and (b) in the process of arbitration of the Defendant’s proxy engineer; and (c) in the process of reporting the F and G, the Defendant “I am out of the front, left, ar, knife, and knife” to the victim, “I am out of the front, knife, knife, and knife” to the victim.

2. The Defendant, at the time, and at the place specified in Paragraph 1, committed the act of 112 reporting by a police officer, committed an act with his/her own seat on the roadway, and obstructed the police officer’s legitimate execution of his/her duties in relation to the duty of reporting 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and Article 31 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The act of obstructing the performance of official duties by a police official who wears his uniform and insulting him for the reason of sentencing under Article 62(1) of the Criminal Act is not against the punishment for such crime.

However, if the defendant recognizes the crime, he/she reflects the mistake.