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(영문) 수원지방법원 평택지원 2016.09.22 2016고단977

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On May 23, 2016, at around 00:10, the Defendant was aware of the victim C’s hearing of the statements of the victim, who was under the influence of alcohol in the front of the 28th Yan AF police station, after receiving a 112 report that he was under the influence of the Defendant, at around 00:10, would have been under the influence of the Defendant.

Accordingly, without any justifiable reason, the Defendant, while drinking 10 citizens, has the above police officers “Nice,” and there is no reason to do so.

We need to grow up and arrest them, and arrested them in accordance with the same manner, and assault the title of the above police officer once by her hand, and by her hand, by walking the entrance of the above police officer, bucks, and kneneees.

In addition, the defendant assaulted the police officer's kneee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne.

The Defendant continued to move to the B District of Gyeonggi-si Police Station B located in Pyeongtaek-si E at around 00:40, and even after the movement to the B District of the Dong-si Police Station, the Defendant erred by the police officers D and police officers located in the said District.

In the event of innocence, there was intimidation that the Defendant would die with all scarcitys.”

As a result, the Defendant interfered with the legitimate performance of duties by police officers on 112 reporting processing duties, and insultd the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C and F;

1. Written statements of D, F and G;

1. Application of Acts and subordinate statutes to petition for accusation and photographs of damaged parts;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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. It is very good that the crime is committed by assaulting and threatening police officers on several occasions by taking advantage of the reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order.