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(영문) 전주지방법원 군산지원 2019.10.18 2019고단906
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

around 00:20 on June 30, 2019, the Defendant asked questions about the facts and requested identification of the status of the horse D (33 years old) belonging to the Dog-gu Seoul Special Metropolitan City, which was the civil petition of the taxi engineer, at the Dog-si Seoul Special Metropolitan City C District District, the Defendant carried out the face and the chest of the said D in his hand, “Iskin spite at any time, Iskin lae, and Iskin gue.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning civil petition handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution appears to have reached the instant crime by contingency, and it reflects the instant crime, and as a favorable sentencing factor in favor of the fact that there is no same kind of crime and no punishment heavier than a fine, the crime of obstruction of performance of official duties is determined as an unfavorable sentencing factor in view of the fact that the crime of obstruction of performance of official duties is a crime detrimental to the State’s function by obstructing the exercise of legitimate public power, and is in need of strict punishment.

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