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(영문) 의정부지방법원고양지원 2020.11.05 2020고단1590
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 4, 2020, the Defendant reported 112 to the effect that “the proxy engineer left a vehicle” in front of Goyang-gu, Goyang-gu, Goyang-gu, Goyang-si, B, and then abused the above D with a cell phone used in his hand, which was sent to the site by the person who was urged by Goyang Police Station C District, to leave another proxy engineer from the situation D belonging to the Goyang Police Station C District, who was dispatched to the site and was urged by his hand to leave the said D. On several occasions, the Defendant carried the said D with a hand, carried the said D on a hand, carried the said D on a hand, and pushed the said D with the head of the patrol, and refused to leave the vehicle, and attempted to stop it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

2. Around 20:45 on June 4, 2020, the Defendant damaged goods for public use, as described in paragraph (1), destroyed goods used by public offices by obstructing police officers from performing their duties and arresting a flagrant offender on the back seat of the patrol vehicle, and causing them to board the patrol vehicle. In doing so, the Defendant damaged goods used by public offices by walking the back of the patrol vehicle at a hand, which would amount to KRW 1,183,57.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing police officers' photographics and patrol pictures to police officers affected by a written statement of statement made by the defendant in relation to D's legal statement;

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of damaging goods for public use and the choice of imprisonment);

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the defendant's act of driving the police officer and damages the police vehicle, thereby undermining the nature of the crime.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The injured police officer deposited KRW 500,000,000 and paid all the repair expenses of the injured police.

After the defendant was punished by violence in 2004, the defendant was punished by a fine.

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