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(영문) 창원지방법원 진주지원 2016.05.03 2016고단194

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 5, 2015, the Defendant: (a) received a 112 report from a police officer E belonging to the police station having jurisdiction over the D police station having jurisdiction over the police station D police station, to the effect that a person under the influence of alcohol fescing in a disturbance fescing the alcohol on credit to the above D military room located in Sacheon-si B on January 5, 2015; (b) accompanied him to the above district unit located in F for factual verification, etc.; and (c) on the same day, a person who reported in the said district unit around 01:08 on the same day is not present.

At the same time, while withdrawing from E as seen above, he/she was subject to removal from E, thereby hindering police officers' 112 report processing and legitimate execution of duties for crime prevention.

2. The Defendant, at the Criminal Department Office of the Private Police Station located in 03:10 on the same day, arrested and taken custody of a police officer as an offender in the act of committing an act of committing an offense, and used the above police station toilets, and obstructed the police officer’s legitimate performance of duties concerning the guard of a person who was under surveillance by the Defendant at one time on his/her hand, in order to prevent the escape of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. Information of a department related to the report of the case of 112, the place of work in the D District, and the application of each statute of photograph;

1. Article 136 (1) of the Criminal Act; imprisonment with labor for the crime;

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;