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(영문) 의정부지방법원 2018.06.22 2018고단1509
공무집행방해
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

around 14:00 on March 28, 2018, the Defendant: (a) discovered and escaped from the slope D and E belonging to the Gu Police Station C District of the Gu Police Station of the Gu Police Station patroled the Defendant, while walking the bicycle, leading the bicycle, and walking the four-lane road without permission; and (b) subsequently, the Defendant was required to present his identification card from the above police officers, who were going to the front of the G convenience point, to comply with the Defendant’s demand for the presentation of identification card.

H. H. H. H. H. H. H. H. H. H. H. H. H.

Isoner?????’s superior?

In addition, in the process of the defect that the above police officers attempted to interfere with the performance of their official duties and arrest a flagrant offender due to interference with road traffic laws, they carried down a slope DNA's chest, spacing D's hand, spacing D's spacing, spacing off the spacing, and spacing off the spack E's spacing, and spacing it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the safety of citizens and the maintenance of order by the above police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Each statement prepared by H and I;

1. Application of on-site photographs, photographs of damaged parts, CCTV for crime prevention, and Acts and subordinate statutes to capture photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in Article 40 of the Act on the Obstruction of Performance of Official Duties against D between Obstruction of Performance of Duties by Public Officials);

1. Selection of imprisonment with prison labor chosen;

1. The act of blocking or obstructing a police officer’s legitimate performance of official duties by violence on the grounds of sentencing under Article 62(1) of the Criminal Act constitutes a serious crime, as it causes damage to the public interest (public interest) to be achieved through the performance of official duties, and at the same time, collapses of state action and legitimate authority in legal order.

In particular, in light of the fact that it is considerably difficult to compute damages caused by the crime obstructing the performance of official duties, the harm and danger of the crime obstructing the performance of official duties is included in the general violence crime.

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