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(영문) 수원지방법원 2019.02.13 2018고단6726
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 23, 2018, the Defendant: (a) 01:30 on September 23, 2018, around the main point of “C” located in the wife population B, and (b) the Defendant: (c) her slope belonging to the D District in the Gangseo-dong Police Station D District, which was called up to the 112 report that “the son does not pay the drinking value; (d) her cherb f takes a bath to the main shop; (e) her hand f takes down her chest on two occasions; and (e) her f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f.

The Defendant continued to arrest the Defendant-friendly K in the course of confirming the Defendant’s personal information on the Defendant’s road located in the same Gu “H” located in approximately 10 meters away from the above main point of week, as well as the Defendant-friendly K in the process of identifying the circumstances belonging to the G District in the Yeongdeungpo-dong Police Station D District in the Yeongdeungpo-dong Police Station D District, which was additionally dispatched to prevent the Defendant from wearing the said failure, and the PatrolJ called “A himself/herself to solve his/her problem.” The Defendant himself/herself was tightly pushed the Defendant’s chest one time, and he/she took a drinking to restrain him/her.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to I, E, J, and F;

1. A written statements on the preparation of L;

1. Application of each investigation report (in addition to the 112 Report Processing Statement, the relative investigation of witnesses M, the verification of CCTV - the external CCTV of H store);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that a police officer who is performing official duties properly uses abusiveism and physical violence without any justifiable reason; there is a history of punishment for imprisonment due to past violent crimes; and the victim police officer is a police officer.

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