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(영문) 수원지방법원안산지원 2020.12.22 2020고단2962
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

1. On May 23, 2020, the Defendant: (a) around 00:45 on May 23, 2020, the Defendant: (b) on the street B in front of the Cheongju-si, the Cheongju-si, the Defendant: (c) stated that D’s face at the Cheongju-si, a police officer affiliated with the Cheongju-gu, Police Station C Zone C, called “a mobile phone change without any justifiable reason,” who was under the influence of alcohol to ask the Defendant about the defect in order to identify the circumstances at the time, was able

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 notification processing.

2. On May 23, 2020, the Defendant damaged public objects by destroying a “state plate of equipment,” which was kept in the above place without any specific reason, during the process of assaulting a police officer, as prescribed in paragraph (1), at the C District District District E located in the Cheongju-si, Cheongju-si, the Defendant damaged the utility of public objects used by public offices by destroying a “state plate of equipment,” which was kept in the above place without any specific reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to photographs, caps photographs, field photographs, CCTV closure screens and estimates;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Social Service Order under Article 62(1) of the Criminal Act requires strict punishment against the Defendant, considering that the Defendant’s face of a police officer called out after receiving a report that the Defendant would be subject to disturbance under the influence of alcohol, obstructing the performance of official duties by considering the face of the police officer, and destroying plastic equipment plate kept in a police station district, and the liability for the crime is not easy, and considering the need to eradicate the light view of public authority.

However, it appears that the defendant shows the attitude of recognizing and opposing the defendant's wrong, and it is reasonable to value the current status of equipment damaged by the defendant.

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