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(영문) 전주지방법원 2016.07.26 2016고단685

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 6, 2016, at around 20:30 on May 6, 2016, the Defendant: (a) was found as the Defendant and the above police box in front of the 72th DaGV, the Jeonju-gu, Jeonju-si, Jeonju-si, the Jeonju-si, in order to request the citizen to help the police officer by paying a trial fee; and (b) he was able to return the citizens and return them to the Defendant and return them to the Defendant’s house; and (c) the Defendant was discarded at “Yju-si, the death and discarded.”

This dog h h h h h h h h h h h h h h, and this C h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers.

2. On May 6, 2016, around 20:52, the Defendant was arrested as a current offender of the crime of obstructing the performance of official duties due to the charge of assaulting C of the security guards belonging to the Police Station B of the Jeonju Police Station B of the Jeoncheon-si, the Defendant assaulted C’s left part of the Defendant, where the Defendant was investigating the Defendant on the ground of a sudden outbreak, and was on the part of E., he was arrested as a criminal of obstructing the performance of official duties.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to on-site situations, etc.);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment for the crime (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing for the observation of protection and the order of community service under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing criteria [the types of decisions]; 1. Crimes obstructing the performance of official duties; and 1. The mitigated area [the persons who are in special sentencing].