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(영문) 의정부지방법원 2018.07.20 2018고단2124
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;

Reasons

Punishment of the crime

On April 9, 2018, the Defendant: (a) on April 21:35, 2018, carried a taxi operated by B at the former terminal at Dongbcheon-gu, Dongbcheon-si, but the Defendant did not speak at the destination under the influence of alcohol; (b) the Defendant: (c) carried a taxi at the Dongbcheon-si, Dongbcheon Police Station E box; and (d) carried the taxi at the Dongbcheon-si, Dongbcheon-si,

On the same day, around 21:21:45, the Defendant asked the victim that F was seated at the above terminal parking lot, “F, where the destination of the vessel is essential,” and carried out 3-4 fbucks down the right bucks of F in the process of carrying out the above box, and immediately fring the head of F in his hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives and bodies.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes, such as photographs of damaged parts;

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

1. The act of blocking or obstructing by force the legitimate execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act constitutes a serious crime, as well as the act of damaging public interest (public interest) which would be achieved through the execution of official duties, and at the same time destroying the state’s action and the legitimate authority on the 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.

As to the instant case, the police officer at the time of the instant case runs away to the Defendant who boarded the taxi in a state of being taken by the horse of the taxi engineer requesting assistance after arriving in the earth.

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