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(영문) 의정부지방법원 2018.11.23 2018고단3822
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

On September 1, 2018, the Defendant assaulted the Defendant, on the front side of Guri-si B, on September 23:40, 2018, 112, that “A person under the influence of alcohol is driving along the roadside,” and called “a person under the influence of alcohol,” by the slope D belonging to the Guri Police Station C District District, which called “a person under the influence of alcohol,” with his/her own shoulder and bath, and with his/her hand floor, he/she was tightly pushed up five times his/her chest with the said D’s chest on five occasions, and threaten him/her to turn once again.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (Obstruction of performance of official duties);

1. 112 Reporting case handling table;

1. A copy of a certificate issued by aD police officer;

1. Application of the Acts and subordinate statutes to a visual file closures;

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 a police officer’s legitimate performance of official duties due to violence 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 constitutes a serious crime, as it simultaneously with the act of damaging public interest to be achieved by the performance of official duties (public interest).

In this case, when a police officer, who was dispatched after receiving a report that the defendant was under the influence of alcohol, solicits him to return home, the defendant assaulted a police officer as stated in its reasoning while taking a bath to the police officer, and was punished by imprisonment in the course of arrest.

Gai, Gai,” stating that “a police officer resists the arrest and takes a bath even after the arrest,” and “a police officer arrestss a person who does not commit a crime.”

In particular, on June 16, 201, the Defendant had been punished for criminal facts, such as obstructing the Defendant’s business by force at a restaurant, and she had been dispatched to police officers upon receiving a report at the time.

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