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(영문) 의정부지방법원 2020.07.29 2020고단2726

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

Around 22:00 on May 15, 2020, the Defendant reported 112 to the 199-lanes near the new road of the 199-ro, Jin-si, the Government-ro, that “A guest would take a bath to and threaten a taxi engineer,” and sent to the Defendant, who is a policeman of the Kan Government Police Station B District B, who is a police officer belonging to the Kan Government Police Station B, of the 25-year-old police station, takes a friendly mountain, and asked C to ask C about the details of the report. The Defendant expressed C’s desire to “I see this ring, I ring, I am, and I am directly covered.” On the left side of the bridge to walk C, who is in need of medical treatment for about 21 days.

Accordingly, the defendant assaulted police officers who perform legitimate duties on the handling of 112 reported cases, thereby obstructing the performance of official duties and inflicting bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photograph the victim of an injury, report on investigation, investigation report (Submission of a medical certificate to patrolmen of an injured victim), medical certificate of an injury, and report on investigation (verification of cam image);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act (applicable without sentencing guidelines because the defendant committed the instant crime is a commercial concurrent crime) is that the defendant interfered with the legitimate performance of duties of police officers in charge of reporting the reported case and suffered injury to the injured police officers in order to establish the law and order of the State and eradicate the light of the public authority, and that the defendant committed the instant crime again even though he had the record of being sentenced twice to a fine for the same crime.