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(영문) 창원지방법원 진주지원 2014.09.26 2014고단857

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 14:05 on August 10, 2014, the Defendant received questioning from the Defendant about the background leading up to the F District of the Private Police Station F District G, and the background leading up to the instant case, etc., dispatched after receiving a report from the Defendant of the E Convenience located in Sacheon-si D.

Accordingly, while taking a bath to see G, the Defendant assaulted the front side of the G with the upper floor of the G, such as giving one time a part of the left side of the G, and pushing the chest.

The Defendant continued to have been arrested in the act of interference with the performance of official duties due to the foregoing reasons, and carried the patrol vehicle No. 12, and brought a bath to the slope H who was on board the said vehicle during the course of going back to the F zone, and the slope H prevented it, thereby getting off one time on the left side of the slope H by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of police officers' reports and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of the respective Acts and subordinate statutes of G and H

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. From among concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, is committed by a police officer who was dispatched after receiving a report from the defendant, and thus arrested and transmitted after the arrest of the police officer in the act of committing a crime, and the case is not less complicated, and the defendant has been punished several times of violent crimes (18 times of fine and five times of suspended sentence of imprisonment). Among them, it is also three times of punishment for obstruction of performance of official duties or damage to public goods.

However, the fact that the defendant is under the view of committing a crime, the fact that the defendant committed a crime under the influence of alcohol with the taxi engineer, and the fact that he committed a crime under the influence of alcohol, and that he/she agreed with the victimized police officer.