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(영문) 의정부지방법원 2016.08.16 2016고단2663

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2016, the Defendant: (a) 01:40 on July 2, 2016, while boarding and moving a taxi with C, who is a workplace volunteer on the front of B, was assaulted by C when he was a taxi driver; and (b) as a result, C and C visited E District of the Government Police Station of the Gyeonggi-si, which is located in Gu-si D with C.

피고인은 2016. 7. 2. 02:22 경 위 장소에서 위 E 지구대 소속 순경 F 와 순경 G으로부터 조사가 종료되었으니 귀가하라는 권유를 받았음에도 “ 뭘 잘못했냐

C. C. C. C. C. C. H. Ha, the f. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. 3. B. 3. B. 3. B. B. B. 3. B. 3. B. B. 3. B. 3. B. B.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on patrol duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of H and G;

1. A criminal investigation report;

1. CCTV video CDs;

1. Scenic photographs of the stop screen;

1. Application of the Acts and subordinate statutes to photographs of victimized police officers;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The act of assaulting a police officer who seeks to carry out patrol duty without drinking out, even though locating the police officer with a symbol of the public authority, was committed against the police agency, which is a symbol of the public authority; and

In particular, since the crime of interference with the performance of official duties is a crime that undermines the functions of the state by nullifying the legitimate exercise of public authority, it is intended to establish the law and order and eradicate the light of the public authority.