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(영문) 의정부지방법원 2018.06.08 2018고단216
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six 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;

3.

Reasons

Punishment of the crime

On January 12, 2018, the Defendant c 3804 Dong 204, Dongyang-si around 23:10 on January 12, 2018.

ASEAN knife knife knife but knife knife knife knife knife knife knife knife knife knife knife knife, and knife knife knife knife knife knife knife knife E with the police officer affiliated with the Namyangyang-gu Police Station D police box in order to file a petition for knife knife knife and sound knife E’s face.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order is that the instant crime committed by the Defendant upon receiving a report on domestic violence was committed by assaulting the police officer by keeping him/her in person and body and displaying his/her hand.

The act of blocking or obstructing a police officer's legitimate execution of official duties by violence is an act that damages public interest (public interest) which would be achieved by the execution of official duties, and at the same time it constitutes a serious crime, which damages the state's action and legitimate authority over legal order.

In particular, in light of the fact that it is considerably difficult to compute damages caused by the crime interfering with the performance of official duties, assessing the harm or risk of the crime interfering with the performance of official duties based on the criteria similar to the general violent crime should be avoided, and as seen earlier, there is a need to punish it frightly considering the seriousness of the infringement of legal interests.

In this case, the defendant.

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