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(영문) 수원지방법원 안산지원 2020.06.18 2020고단659
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 5, 2020, the Defendant interfered with the business, on February 5, 2022: (a) took the 'D' store for the victim C (the 20-year-old) who entered the store without any particular reason, and interfered with the business of the victim by force by avoiding disturbance.

2. On February 5, 2020, at around 22:46, the Defendant: (a) requested a voluntary operation from F, a police officer of the Ansan Police Station E (a police box belonging to the Ansan Police Station) who was dispatched to the scene after receiving a report of 112 on February 5, 2020; and (b) demanded confirmation of personal information from the above F, the Defendant: (c) died of the above F, and (d) died of the instant F, the Defendant was at one time at the left hand of the instant F’s scam boom.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch and treatment of 112 report by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of the Acts and subordinate statutes of case-related photographs, ctv video photographic data

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the fact that the defendant was punished for obstruction of performance of official duties, the fact that the defendant recognized the defendant's commission of the crime, the degree of the type of force that the defendant exercised, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the records and arguments of this case, such as the circumstances after the crime, shall be comprehensively considered.

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