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(영문) 수원지방법원 성남지원 2021.03.11 2020고단3513
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 15, 2020, the Defendant committed the crime at around 12:25 on September 15, 2020, the Defendant assaulted a taxi engineer boarding the Defendant on the street 2 in front of the exit 67 U.S. Station 67, Sungnam-si, Sungnam-si, about Sep. 15, 2020. Accordingly, upon receiving a 112 report from a taxi engineer, the police officer C and D were able to separate the Defendant and the above taxi engineer at the cell phone belonging to the police station located in B police station in the Gyeonggi-si, which called up after receiving a 112 report from the taxi engineer, and she saw the face of the above C once with a cell phone used by the Defendant and the above taxi engineer at his/her hand in order to separate the Defendant and the above taxi engineer, and arrested the victim under suspicion of interference with the performance of official duties, and during that process, the police officer boomed the victim by assaulting the victim's son's hand by hand.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

2. Around September 15, 2020, the Defendant committed a crime on September 12:45, 2020, on September 15, 202, the Defendant arrested a flagrant offender for the same reason as Paragraph 1 at the B District Unit E located in Seongbuk-gu, Sungnam-si, Sungnam-si, and assaulted the said D’s bridge once, due to the defect that the police officer attempted to sit the Defendant in his seat.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, C, and D;

1. Application of Acts and subordinate statutes to photographs by filing an investigation report (the verification of taxi booms and earth CCTV images), CCTV images, booms, and brack CCTV images;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment provided for in Article 40 and 50 of the Criminal Act concerning the obstruction of the performance of public duties by a person who interferes with the execution of public duties by another person, and the punishment provided for in the obstruction of the performance of public duties by a person who is more severe in the situation

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The following circumstances and the defendant's age for sentencing under Article 62-2 of the Criminal Code of the Social Service Order.

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