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(영문) 의정부지방법원 2017.01.10 2016고단5201

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 24, 2016, the Defendant: (a) on November 24, 2016, around 05:43, 05:43, the Defendant: (b) on the E Ga dan operated by D, and (c) on the part of D, reported that D is not an illegal staying person; and (d) demanded D to request D to change the amount of KRW 3 million to report that D is not an illegal staying person; and (b) refused it; (c) the Defendant did not sell alcohol by the owner of the business; and (d) reported 112.

G police officers belonging to the Gu government police station F police station, called the above 112 police officers, G police officers, and H police officers assigned to G and H caused their business to close their business and encourage them to return home, and thus, they used the above G and H to find a fake son and their family members, “I can find a fake son and their family members.” As G police officers are able to take a bath at several times, “I ker as Mad Mad Mad Mad Mah,” and they used the Habbbbbbbbbs at one time as they interfered with it, and used the Habbbbbbs at one head.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and D;

1. An investigation report (to attach screen pictures and CDs at the scene of occurrence);

1. A photograph of the 112-report course after the closure;

1. On-site photographs of the place of occurrence;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136 (1) 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 imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence (hereinafter referred to as the grounds for sentencing): A crime that interferes with the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority; thus, the establishment of the State’s legal order and the elimination of the light of public authority requires strict punishment; a normal circumstance favorable to the fact that there is a history of criminal punishment by obstructing the performance of official duties and obstructing the performance of special duties: The defendant led to the confession and contradiction of the instant crime; and the defendant is in contingency under the influence of alcohol.