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(영문) 수원지방법원 2019.11.28 2019고단4615
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 01:10 on August 13, 2019, the Defendant reported 112 to the effect that “A person who lives in the same way was found” before Suwon-si B, Suwon-si, the Defendant did not comply with the police officer’s request for returning home from the police officer D and police officers belonging to the Suwon-gu Police Station C commander of the Suwon-gu Police Station, who called “A person who died in the same way” but did not leave the above place, and it appears that “A person who was killed in the course of murder or murder, was killed in the course of murder,” and that “A person who was listed on the patrol platform where the above D was on board, she did spit the Defendant,” and that “A person who spits the above D with his left hand, and continued to spit the knife of the above knife,” and it appears that “A person who fell in the above knife the knife.”

Accordingly, the Defendant interfered with police officers' performance of official duties for the prevention, suppression and investigation of crimes by assaulting and threatening police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Investigation report (verification and analysis of a facam campaign photographed by a police officer visiting the scene);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, who received 112 reports, interfered with the police officer's duties by exercising direct and indirect tangible power, and the nature of the crime is poor.

However, the defendant's mistake is recognized, and the defendant seems to have committed the crime of this case in the state of full taking into account the defendant's criminal records and various sentencing conditions shown in the arguments, and the punishment shall be determined as ordered.

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