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(영문) 의정부지방법원 고양지원 2019.07.04 2019고단1119
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On January 2, 2019, at around 00:23, the Defendant: (a) received 112 report from the office of an interested party D in B apartment site C at the office of an interested party D, and obstructed the police officer’s legitimate execution of duties concerning the suppression of crimes, such as E, by taking the face of E he/she was on one occasion, i.e., “Cracker????????????????????????????????????????????????????????????????????????’

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written statement;

1. Investigation report (as to the field situation and the arrest process, etc.)

1. Investigation report (a statement by telephone damaged by violence of a victim);

1. A report on investigation (a witness's statement in the same police officer G);

1. Reference F’s letter contents (the Defendant denied the fact that the police officer assaulted a police officer. However, in full view of the following: F’s statement to the effect that the police officer’s statement on the case security guards was consistent from the time of dispatch to the time of investigation by the prosecution; F’s statement to the effect that the Defendant was in dispute with the police officer, such as physical restraint, to escape from the police officer’s restraint; the Defendant’s statement to the effect that the police officer exercised physical power to the police officer during the process of deviating from the police officer’s restraint; and that the police officer’s statement to the effect that the police officer may have exercised physical power during that process, the

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

1. The act of assaulting a police officer to execute public affairs with the reason of sentencing under Article 62(1) of the Criminal Act is in need of strict punishment.

However, although the defendant denies a part of the crime, it is against the fact that the defendant suffered damage due to the act of the defendant, it seems that the police officer was attacked once in the state of interest, and there is no record of the same crime.

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