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(영문) 의정부지방법원 2018.07.24 2018고단1327
공무집행방해등
Text

A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 31, 2018, the Defendant was demanded to demand the injured party to leave his/her happiness while under the influence of alcohol from 505 Maurel operated by the injured party D, the victim D, who was in his/her own city, on January 31, 2018.

However, the defendant did not respond to it and did not leave the above 505 room until the police officer dispatched by the victim's report on the same day at around 18:40 on the same day, and did not comply with the request for eviction from the building managed by the victim without justifiable reasons.

2. The Defendant interfered with the performance of official duties at the time and place specified in paragraph 1, and for the foregoing reasons, in order to receive a demand for the second withdrawal from G in the circumstances belonging to the U.S. F police station in the U.S. government police station who called out after receiving a report on the said reasons, the said G shall be specially and separately memoryd with the width face,

“In doing so, assaulted at one hand at the right face of G at one time.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A simplified statement of D;

1. Application of Acts and subordinate statutes to field photographs, data from the 112 Report-Related Department, notification of the 112 Report-Related Department, investigation report (victim 1 telephone), investigation report (victim 1 and victim 1 telephone communications);

1. Article 136 (1) (the point of obstructing the performance of official duties), Article 319 (2) and Article 319 (1) (the point of refusing to withdraw) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Crimes that interfere with the execution of official duties for the reason of sentencing under Article 62-2 of the Criminal Act, such as the protection observation and attendance order, are not easy to commit a crime in that the police officers’ pride and desire to work significantly impede and the resulting damage ultimately return to the general public.

In addition, the defendant has been guilty of violence and two times, which is one time of suspension of execution.

However, the punishment shall be determined in consideration of the reflection of the accused.

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