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(영문) 수원지방법원 평택지원 2020.06.19 2020고단20
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 01:00 on November 13, 2019, the Defendant received 112 report that “domestic violence, spawn and spawn, and intending to kill spawn” at his own residence located in Ansan-si B, and received a motion to file a petition from D to the police officer affiliated with the police officer of the Ansan-gu Police Station that called “I will not spawn and span,” and assaulted the police officer’s chest by spawn with both hand, and spawn with spawn.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police officer bar campaigns and video data;

1. Application of statutes on site photographs;

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;

1. The punishment of the crime is not minor in that the defendant for the reason of sentencing in Article 62-2 of the Criminal Act for probation prevents the execution of his duties by assaulting a police officer during his work without being able to do so, even though he had been in force twice;

However, considering favorable circumstances, such as the Defendant’s age, character and conduct, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment as ordered is determined by comprehensively taking into account the following factors: the Defendant’s age, character and conduct, family relation, motive, means and consequence of the crime; and the following circumstances.

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