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(영문) 수원지방법원 2020.02.14 2019고단6895
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 3, 2019, at around 13:45, the Defendant: (a) sent a warning to the effect that “C, while drunkly crossings without permission under the influence of alcohol in front of the restaurant “C” located in Suwon-gu, Suwon-gu, Suwon-si, the Defendant: (b) sent a warning to the effect that the slope E belonging to the D District Unit E of the Gyeonggi-gu Police Station in the Gyeonggi-gu, the Gyeonggi-gu, Police Station D District would stop the patrol vehicle; (c) took a bath to the effect that the slope E would stop the patrol vehicle; and (d) carried out a slope E’s body with the left shoulder and the left hand, to give a warning again by the slope E.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to a report on investigation (to play a screen image) (to play a screen image) and to cover a screen image image;

1. The relevant Article of the Criminal Act and Article 136(1) of the Criminal Act on the grounds of sentencing for the crime of this case where the crime of this case was committed under the influence of alcohol by the defendant without permission, and upon receiving 112 reports, the crime of this case is deemed to have been committed by the police officer who was called out after receiving a 112 report, and the nature of the crime is not exceptionally.

The Defendant has been sentenced to a fine for violent crime, and on January 31, 2019, the Suwon District Court sentenced to a suspended sentence of four months for the obstruction of performance of official duties, which was sentenced to a suspended sentence of one year for the suspension of performance of official duties, and again committed the instant crime without being aware of it, and thus, is highly likely to be subject to criticism.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the extent of the assault committed by the defendant seems not to be serious, and the defendant is a disabled person of Grade 4 in visual disability, and other conditions of sentencing indicated in the record, such as age, health condition, character and conduct, environment, motive and circumstance of the crime, means and result, etc.

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