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(영문) 의정부지방법원 2020.09.10 2020고단2174
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 25, 2020, the Defendant: (a) reported 112 on the frontway B of the Giriri City on March 25, 2020, 201: (b) and told her that her son should return home from the slope D belonging to the Gyeonggi-gu Police Station C District; (c) obstructed her two fronts of the patrol her son; and (d) her son her son her son her son her son her her son her her son her son.

Accordingly, the defendant assaulted police officers who perform legitimate duties concerning the handling of 112 reported cases and the maintenance of order, thereby hindering the execution of official duties.

2. At around 01:40 on March 25, 2020, the Defendant damaged public documents, who was arrested as a flagrant offender and transferred to the Gyeonggi-gu Gyeonggi Police Station C district in E at Guri-si, and was transferred to the Dongri-si, Gyeonggi-gu, Police Station C district in E, and was refused to affix his/her signature, and the F, who was found to have taken the notice of arrest to recover the arrest confirmation, was found to have defried the arrest confirmation by her hand.

Accordingly, the defendant damaged the documents used by public offices to have their usefulness.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A certificate, 112 report disposal statement; and

1. Application of Acts and subordinate statutes on photograph of confirmation;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act (a point of obstructing performance of official duties), and the choice of imprisonment, respectively, with prison labor;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is that the crime of obstructing the exercise of legitimate public authority is an offense detrimental to the function of the State, and thus, it is necessary to strictly punish the Defendant.

However, the defendant's act of committing the crime of this case is recognized and against the defendant, the degree of violence is relatively minor, and there is no record of crime other than a single minor fine, etc., in consideration of the circumstances favorable to the defendant, and the age of the defendant.

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