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(영문) 수원지방법원안산지원 2020.11.12 2020고단3264
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:20 on June 28, 2020, the Defendant: (a) heard from the police officer D and E belonging to the police station in the Silung Police Station, who was called for after having received 112 a report, that “I will be able to go home,” and assaulted the above police officer’s face at one time, namely, “I will go back, I will go back, I will go back, I will go back, I will go back, I will go back, I will go back.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal affairs (receiving and analyzing images of a scamt);

1. Relevant laws concerning facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty.

1. Article 62 (1) of the Criminal Act on the stay of execution (the execution shall be suspended in consideration of the fact that the defendant has been guilty of a fine for the same kind of punishment, and the degree of tangible records is not minor: Provided, That the execution shall be deferred in consideration of the defendant's erroneous judgment

1. Social service order under Article 62-2 of the Criminal Act;

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