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(영문) 의정부지방법원 2018.06.22 2018고단1534
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On February 16, 2018, around 20:15, the Defendant: (a) obstructed the Defendant by police officers affiliated with D District Police Station D police officers of the Jung-gu Government Police Station, who called up after receiving a report related to 112 related to “heat expenses” in front C at the time of the Government-Si, and proposed to board the patrol vehicle under the influence of alcohol, and (b) assaulted the said police officer’s body by putting the chest part of the said police officer one time by hand and then re-tight the body of the said police officer.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Notification to a department related to the report of the case;

1. Application of Acts and subordinate statutes to field photographs and photographs damaged by victims;

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

1. The act of blocking or obstructing a police officer’s legitimate performance of official duties by violence on the grounds of sentencing under Article 62(1) of the Criminal Act constitutes a serious crime, as it causes damage to the public interest (public interest) to be achieved through the performance of official duties, and at the same time, collapses of state action and legitimate authority in legal order.

In particular, in light of the fact that it is considerably difficult to compute damages caused by the crime interfering with the performance of official duties, assessing the harm or risk of the crime interfering with the performance of official duties based on the criteria similar to the general violent crime should be avoided, and as seen earlier, there is a need to punish it frightly considering the seriousness of the infringement of legal interests.

Upon examining the progress of the crime of this case, the defendant sent the chest of the police officer dispatched to the main points of the defendant after receiving a report at the state of the defendant, tightly tightly tightly tightly tightly tightly tightly folding the police officer, and then tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly wing the chest of the police officer, who tried to leave the defendant out of the patrol vehicle, and opened a patrol lane and a chief gate to stop the police officer.

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