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(영문) 의정부지방법원 2018.10.10 2018고단3431
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:10 on June 27, 2018, the Defendant: (a) reported 112 that “A 104-dong 104-dong 903-dong 103, the Defendant sent to the site,” and (b) separated the reported person and the Defendant, and (c) the police officers affiliated with the police box C of the Speaker’s Police Station C, which called “A frien, frien fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri fri

The defendant continued to get off the above apartment house 104 joint entrance of the above apartment house, and again, "Seman gue gue, Sho, Sho, I expressed my desire to "," and assault D's sexual flag part once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (CCTV analysis), such as a photograph of damage, a report on investigation (including a report on injury, etc.) and a written diagnosis of injury;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (the scope of a recommendation) is that there is no person [special sentencing person] in the basic area (from June to January 1) (the special sentencing person] [decision of sentence] [the Defendant’s crime of this case requires a strict punishment for committing a crime against public authority in order to prevent a police official from performing his/her legitimate duties in the process of reporting a case, and to eradicate a state’s legal order and the light of public authority. The Defendant is subject to criminal punishment for obstructing the performance of official duties.

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