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(영문) 광주지방법원 목포지원 2015.01.29 2014고단2092

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 20, 2014, the Defendant: (a) around 18:45, 18:45, Mapo-si, Ma, an employee of convenience store, Ma, who drinks alcohol at “D convenience store” in Mapo-si, Mapo-si, without any justifiable reason. (b) 4 times the face of drinking.

Accordingly, in order to maintain E, and to keep the name of the guard in the vicinity of the Maspo Police Station, the superior police officer of F of the Maspo Police Station, G and H, who are responsible for the patrol in the vicinity of the Maspo Police Station, have opened a convenience store and separated E from the Defendant and the Defendant and kept the Defendant until the patrol is completed.

During that period, the Defendant, without any justifiable reason, expressed to the above H that “Y shall do so like friend ...................” and, as a result, H’s frisome was 3 times.

As a result, the defendant interfered with legitimate execution of duties of auxiliary police officers concerning crime prevention patrol duties.

2. On December 20, 2014, at around 19:20 on December 20, 2014, the Defendant voluntarily operated the police box located in Mapopopo City I on the grounds of assault and obstruction of performance of official duties, such as those described in paragraph (1).

The Defendant: (a) 5 auxiliary police officers affiliated with F of the Mapo Police Station F in shift in work within the police box; and (b) 2 police officers, who expressed that “I am fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright, fright,

As a result, the defendant interfered with legitimate execution of duties of auxiliary police officers concerning crime prevention support duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to K and H;

1. Investigation report (Attachment to the Work Arrangement Schedule by K and H);

1. Application of the Acts and subordinate statutes to a investigation report (Attachment, such as convenience CCTV images, screen images, and closure outputs);

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. 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 (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act;

1. Determination of types of crimes: Crimes of obstruction of performance of official duties;