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(영문) 수원지방법원 안산지원 2019.09.19 2019고단1793
공무집행방해
Text

A defendant shall be punished by imprisonment 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 April 19, 2019, the Defendant: (a) around 18:15, at the same time in Ansan-si, Masan-si B, Ansan-si; (b) reported 112 that a prisoner was able to take a trial fee to the citizen; and (c) solicited a police officer belonging to the Ansan-si Police Station C commander of the Ansan-gu, Police Station, who called the Defendant to return home to the Defendant; and (d) told the police officer, including the above D, to take the patrol to get out of the patrol to get out after receiving another 112 report, and prevented the police officer from getting out of the patrol seat on the side of the patrol car, and obstructed the police officer from getting out of the patrol seat on his hand, and obstructed the police officer from getting out of the patrol seat on the side of the patrol car, and obstructed the operation of the said police officer, such as the operation of the patrol car.

Accordingly, 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. Statement made to D by the police;

1. Assaults, partics, and photographs of patrolmen D;

1. Application of the Act and subordinate statutes to the 112 Reporting Report Handling List, C police box at night service place ( April 19), mobile phone photographing materials for police officers at night;

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

1. The crimes obstructing the performance of official duties by police officers on the grounds of sentencing of Article 62(1) of the Criminal Act requires strict punishment in order to protect the legitimate functions of the State and to establish a sound social order.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime, the fact that there is no record of punishment for the same kind of crime, etc., and other circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered in the same manner.

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