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(영문) 전주지방법원 정읍지원 2015.04.07 2015고단27

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

On January 5, 2015, at around 22:47, the Defendant, “D restaurant,” which is a general restaurant located in the Banandong-gun, North Korea, brought a bath to the said F, stating that he/she would drink alcohol at a “D restaurant,” and that on the same day, at around 23:17, he/she was reported and sent to the said restaurant, F (49 years of age) who was sent to the said restaurant, asked the Defendant of his/her personal information.

At this time, the above F sent the Defendant out of the restaurant and returned home, and the Defendant, by drinking, took a bath for the said F’s chest part at once, and she took a bath for the said F’s chest part, and she spawd the f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each investigation report (21 pages, 23 pages of investigation records);

1. Reporting to a department related to 112 Incident;

1. Application of related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act are several times of criminal convictions who were punished for the same crime, and there are many records of punishment including suspended sentence due to violent crimes, etc. In addition, probation shall be suspended in addition to probation, by taking into account the following factors: (a) the Defendant recognized his/her mistake and reflects it; (b) the Defendant supported his/her wife, his/her wife, his/her family father, and three children who have yet to be aged; (c) the Defendant committed the instant crime in his/her detention; and (d) the Defendant committed the instant crime in his/her detention; and (d) other various factors of sentencing indicated in the records, such as the background leading up to