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(영문) 수원지방법원 평택지원 2020.06.12 2019고단2130
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 December 4, 2019, at around 22:00, the Defendant: (a) on the front corridor of Pyeongtaek-si B apartment C; (b) “B apartment D-dong Underground Parking Lots, and Shin F-gu, a person who was requested to present an identification card from the border F, belonging to Pyeongtaek-si Police Station E-gu, called “I will bring any evidence. I will bring it off;” and (c) requested the above police officer to verify his identity by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of report and maintenance of on-site order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Log Act and subordinate statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was required to verify the identity of the victimized police officers dispatched to the scene after receiving a report on domestic violence, and obstructed the execution of official duties by exercising violence.

On several occasions, the Defendant committed the instant crime without being involved in several criminal records related to violent crimes.

However, in full view of the following factors: (a) the degree of violence used by the defendant is minor; (b) the fact that the crime is recognized and reflected; (c) the fact that the damaged police officer deposited a certain amount to the injured police officer and attempted to recover damage; and (d) other various sentencing conditions specified in the trial process of this case, including the defendant’s age and character, family relationship, motive, means and consequence of the

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