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(영문) 수원지방법원 2020.05.14 2020고단1459
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

Around 02:30 on February 21, 2020, the Defendant reported 112 on the road B in Suwon-gu, Suwon-si, Suwon-si, the Suwon-si, the Suwon-gu Police Station C District of the Suwon-gu, the Defendant refused to request a police officer to return clothes from E after paying a taxi fee. The Defendant stated that “I am out of bit bit bit bit bit bit bit bit bit bit son,” and said D expressed the Defendant’s hand, “I am out of bit bit bit son, I son, I am son, I son, I am the Defendant’s hand on two occasions, and “I am son son son son son son son son son son son son son son, son son son son son son son son son son son son son son son son son son son son son son.”

As above, the Defendant interfered with a police officer’s legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, shall be determined as ordered by taking full account of the following circumstances.

It is necessary to strictly punish the crime of obstruction of the performance of official duties which interferes with the legitimate exercise of public authority, and thus undermines the function of the state.

However, the defendant, upon receipt of a report from 112 due to the defendant's non-payment of the taxi, took a bath to the police officer, or assaulted the police officer's handbage or breath by breathing breath, and the nature of the crime is not good in light of the circumstances and behavior patterns.

from the damaged police officer.

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