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(영문) 의정부지방법원 2018.06.08 2018고단39
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 22, 2017, the Defendant: (a) around 23:10, the 23:10 on the 23rd and the 3rd floor, and (b) on the 112th website D affiliated with the Gu Police Station, upon receiving a report, asked questions from 112, such as personal information to verify the above reported facts; (c) provided that “if he/she wishes to know the domestic resident registration number, he/she would inform her of his/her name, affiliation, and resident registration number, she would request her to inform her resident registration number.”

At this time, the Defendant committed an assault, such as dumping the fat of the slopeF, which requires the Defendant to return home and flaps, by putting the police officer at a way that he turns out of the elevator with a view to “the flaps of this weather, flaps, flaps, and flabing the flaps.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (Confirmation, etc. of CControl Details);

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order is a crime of assault by a police officer, etc. called out after receiving a report that the defendant is engaged in illegal business at a singing room.

The act of blocking or obstructing a police officer's legitimate execution of official duties by violence is an act that damages public interest (public interest) which would be achieved by the execution of official duties, and at the same time it constitutes a serious crime, which damages the state's action and legitimate authority over legal order.

In particular, in light of the fact that it is significantly difficult to compute damages caused by the crime that interferes with the performance of official duties, the harm of the crime that interferes with the performance of official duties is committed.

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