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(영문) 의정부지방법원 2018.10.05 2017고단2383
공무집행방해
Text

1. The defendant shall be punished by imprisonment with prison labor for ten 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;

Reasons

Punishment of the crime

Around 03:00 on May 5, 2017, the Defendant saw a dispute with a taxi engineer at the Dongbcheon Police Station D police box located in the Dongbcheon-si, Dongbcheon-si, and tried to kill the above E in his hand with his hand by “I see that I will not see the spath of the spath of the spath of the spath of the spath of the spath of the spawn,” when the spath of the spath of the spathn, “I see the spath of the spathn of the spathn in front of the spathn.”

Accordingly, the Defendant interfered with the legitimate execution of duties while serving in the situation of police boxes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (to attachCCTV image data);

1. Application of Acts and subordinate statutes on CCTV image data;

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 act of blocking or obstructing by violence of legitimate execution of official duties on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attending Education constitutes a serious crime, as it does not interfere with the legitimate authority of the State action and legal order.

In particular, in light of the fact that it is considerably difficult to compute damages caused by the crime interfering with the performance of official duties, assessing the harm or risk of the crime interfering with the performance of official duties based on the criteria similar to the general violent crime should be avoided, and as seen earlier, there is a need to punish it frightly considering the seriousness of the infringement of legal interests.

In the case of this case, the Defendant, while disputing the taxi engineer at the police box, took a bath to the police officer requesting the defendant to file a petition, and tried to bat the chest with a fat, with a fat, fat, and fat. The Defendant’s legitimate public authority.

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