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(영문) 수원지방법원 2020.03.26 2020고단279
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On December 23, 2019, at around 22:02, the Defendant: (a) received 112 reports in relation to the fact that he assaulted a female-friendly job offer D in the Suwon City B building, and in the residence located under subparagraph (c), and was asked by the police officer F of the Suwon Police Station E District, the police officer of the Suwon Police Station E District, and the police officer G, etc., who was dispatched to the Defendant, tried to get out of the window and open the window, and tried to get out of the window frame. In order to restrain the Gyeong F from doing so, the Defendant assaulted F Hubbbbbbbbbbbs of the Party F.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Photographs, etc. of victims;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by taking full account of the following circumstances.

It is necessary to strictly punish the crime of obstruction of the performance of official duties which interferes with the legitimate exercise of public authority, and thus undermines the function of the state.

However, the defendant assaulted the police officer's buckbucks that he had been exposed to the window mold, and the crime is not good in light of the circumstances and behavior patterns.

The damaged police officers did not receive any tolerance from the police officers.

A favorable attitude is shown to recognize and reflect one's own crime.

Before preventing the instant crime, there was no record of the crime.

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