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(영문) 수원지방법원평택지원 2020.08.14 2020고단301

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 February 3, 2020, at around 01:16, the Defendant received a 112 report that a drunk person in Pyeongtaek-si B would interfere with his business and recommended him to return home for about 30 minutes from the police officer D, etc. belonging to the Pyeongtaek-si Police Station called up, but refused to return home for about 30 minutes.

At around 02:10 on the same day, the Defendant assaulted D’s head, “I wish to go to the police,” and “I want to go to the police, I want to go to the police,” while getting out of the patrol station, even though the Defendant arrived in the vicinity of the Bhutan Park, which is located in Pyeongtaek-si, 43 on the same day.” This assaulted D’s head, “I want to go to the police.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of report 112 by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation and a photograph of damage;

1. Application of a DNA-camp video CD-related statute;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In full view of the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, the means and consequence of the crime, etc. under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation, etc. Act, the punishment as ordered shall be determined by comprehensively taking into account all of the factors of sentencing as shown in the argument of

In order to establish a state's legal order and eradicate the light of the public authority, there is a need to strictly punish the obstruction of performance of official duties, in light of the motive and circumstance of the crime, the attitude of the act, etc., the crime is considerably poor, and the circumstances favorable for the same obstruction of performance of official duties and other criminal records related to violence are recognized and reflected, and the degree of the exercise of tangible force is important.