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(영문) 수원지방법원 안양지원 2014.06.27 2014고단708

공무집행방해

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 30, 2014, around 21:25, the Defendant: (a) received 112 reports from D (the age of 60) who is a C cab engineer, and took place in the front of the Manan-si, Ansanan Police Station E-district in the Gyeonggi-do Police Station, the Defendant took a bath, such as “it must grow up and grow up,” and prevented the Defendant who tried to assault the said D on drinking, and thereby interfered with the said F’s legitimate performance of duties concerning the handling of 112 reported duties.

2. At around 23:07 on the same day, the Defendant: (a) arrested the second floor of the Gyeonggi-do Police Station in the Mancheon-gu, Annyang-gu, Annyang-gu, Annyang-gu, as a flagrant offender for the same reason as the above paragraph (1); and (b) transferred a new disease to the criminal and criminal team of the said police station on the ground that the above F would not smoke; and (c) obstructed the Defendant’s legitimate execution of duties in relation to the arrest of flagrant offenders by assaulting the F on the ground that he could not smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crimes. Article 136 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the violation of criminal conduct, the absence of the same criminal record, and the absence of any record of criminal punishment other than the fine) in the suspension of execution;

1. Taking lectures and community service orders under Article 62-2 of the Criminal Act;