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(영문) 수원지방법원 2021.01.27 2020고단3398
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who resides in the building B subparagraph of the Yongsan-si Building C.

1. A property damage: (a) around March 28, 2020, the Defendant was unable to exhaust noise on the ground that it cannot be seen within the studio room room room, and (b) the Defendant was able to avoid disturbance on the ground that it was unable to do so; (c) the Defendant moved the above studio room to the public room; (d) the Defendant moved the studio room to the public room at that place; and (d) the Defendant laid 4 parts of the studio room, the total market price of which is equivalent to KRW 10,00, 100, and destroyed it

2. On March 28, 2020, the Defendant obstructed the performance of official duties at the places indicated in paragraph 1 at around 21:58, at around 21:58, the Defendant committed assault, such as a slopeF belonging to the E District of the Yongsan-gu Police Station E District, which was dispatched after receiving a report from 112, and the background of the instant case, the Defendant: (a) saw the above studio joint room in the process of identifying the background of the instant case, and (b) saw the f’s chest part into the studio joint room; (c) f’s chest part by hand, f’s chest part was pushed up 6 times, and f was pushed up twice in the direction of f.

Accordingly, the Defendant interfered with police officers' legitimate execution of official duties on the handling of 112 reported cases.

Summary of Evidence

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

1. Each police statement made to F and G;

1. A H statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of estimation of damage against a victim);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for the selection of a punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. The crime of obstructing the execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act requires strict punishment compared to the general act of assault or intimidation since it undermines the function of the State by assaulting or threatening a public official who properly executes his duties, and the victim of property expresses his intention to not punish the defendant (the investigation record).

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