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(영문) 수원지방법원 2021.03.18 2020고단8198
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on October 19, 2020, reported to the police without paying a substitute driving fee from the victim C, a substitute engineer driving his/her own vehicle, in the second floor parking lot of B apartment in e.g. B in Sungsung-si around 23:40, 2020.

After hearing the horses, assaulted the victim's breast part on two occasions, and the face part on one occasion by drinking.

2. Around October 20, 2020: (a) around 00:06, the Defendant publicly insultingd the victim by stating that “A substitute engineer C and a police officer E reported from a police officer affiliated with the police station affiliated with the police station of the eongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu to pay a fee to a proxy engineer and to invalid him/her.”

3. The Defendant interfered with the performance of official duties is from E slope belonging to the Seodong Police Station of the Hasungdong Police Station that he / she sawd to D, as described in paragraph 2, at the second floor parking lot of B apartment at the time of the day specified in paragraph 2, and that he / she sawd to D.

The last warning is given.

Upon hearing the word “”, the lower court obstructed the police officer’s legitimate performance of duties in relation to the duty of reporting 112 reports by making the chest part of the said E one pushed hand.

Summary of Evidence

1. Statement by the defendant in court;

1. To apply the investigation report of the police statement C with respect to E and D (the confirmation of CCTV in underground parking lots and telephone communications of victims C) Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 260(1), 311, and 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of obstructing the performance of official duties for sentencing under Article 62-2 of the Social Service Order Criminal Act requires strict punishment in that it is a crime that obstructs the legitimate performance of duties by public officials and impedes the state's public authority.

However, the defendant recognizes the crime.

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