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(영문) 수원지방법원 2020.08.26 2020고단3684
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. Around 00:25 on March 18, 2020, the Defendant insultd the victim publicly insulting the victim at a place where many unspecified unspecified people pass, such as the Jindong Police Station D, which was sent to the site of another drinking-driving case in front of the convenience point in C, which is located in B, under the influence of alcohol to the victim E in the situation belonging to the D District of the Jindong Police Station D, which was called “at the patrol house,” and the said E refused to pass.

2. 공무집행방해 피고인은 위 1항과 같은 일시, 장소에서 순찰차에 탑승하는 문제로 계속 말다툼을 하다가 순찰차에 강제로 탑승하려고 하자 이를 제지하는 경찰공무원인 경장 F(남, 27세)의 가슴 부위를 손으로 밀치고, F의 허벅지를 2회 발로 찼다.

Accordingly, the defendant assaulted the police officer F, thereby obstructing the police officer's legitimate performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Investigation report (as to the investigation of a facamt and video image)

1. Application of the G’s written statement of reference to statutes;

1. Relevant provisions of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order, shall be determined as ordered by considering the following circumstances.

It is necessary to strictly punish an offense of obstruction of performance of official duties as an offense of harming the function of the state by obstructing the exercise of legitimate public authority.

- The defendant has been punished for the obstruction of performance of official duties, including the punishment imposed on him.

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