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(영문) 의정부지방법원 2018.10.12 2017고단5781

공무집행방해등

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On November 13, 2017, the Defendant assaulted on the floor of the victim E (the son, the son, the son and the son and the son and the son, the son and the son and the son, the son and the son and the son, the son and the son and the son and the son, the son and the son and the son, the son and the son and the son, the son and the son, the son and the son, the son and the son, the son and the son, the son and the son,

2. The Defendant damaged property, at the time, at the time, at the place under the above paragraph 1, and at the time, at the victim D, sounded that “the victim D will die and die,” and broken the market value by setting up a commemorative dog in the city where the victim’s house was in the victim’s house, and then destroying food and drink containing food by putting it into the floor.

3. 공무집행 방해 피고인은 위 1 항의 일시, 장소에서, 폭행 사건이 있다는 112 신고를 받고 출동한 F 파출소 소속 경찰관 G과 H으로부터 폭행을 제지 당하자 화가 나 손바닥으로 위 경찰관들의 턱, 입 부위를 때리고, 발로 위 경찰관의 정강이와 팔 부위를 찼다.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of D, I, G, and H;

1. Each police statement made with respect to G and H;

1. Each statement of D or I prepared;

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

1. Relevant Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment stipulated for a crime of obstructing the execution of official duties of the largest person);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The act of blocking or obstructing the execution of official duties by violence of legitimate execution of the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. is an act which causes damage to the public interest to be achieved by the execution of official duties.