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(영문) 전주지방법원 군산지원 2014.10.01 2014고단802

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 July 9, 2014, around 04:10 on July 9, 2014, the Defendant interfered with a police officer’s legitimate execution of duties concerning the handling of the 112 reported report by the head of Gangseo-gu Seoul Metropolitan Government Police Station D police box affiliated with the Seoul Gangseo-gu Police Station D police box, who was called out after receiving 112 report, and confirmed the circumstances of the instant case, and committed a serious bath to E with his hand, and assaulted on three occasions.

2. At around 04:35 on the same day, the Defendant continued to arrest a flagrant offender for the same reason as that of the preceding paragraph at the office of the police box located in Gangseo-gu Seoul Metropolitan Government, and assaulted the head of G during the process of keeping the police box in force, and thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

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

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of criminal facts;

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 on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;