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(영문) 전주지방법원 2016.11.03 2016고단1376

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Criminal facts

1. Around 16:00 on June 17, 2016, the Defendant has set up an excessive amount (12 cm a day, 11.5 cm a day) for the purpose of use when finding a man who has passed with his wife on the entrance of the first floor of the North Korean Police Agency located in the 180 Yansan-gu, Jinsan-si, Jeonju-si.

As a result, the defendant carried dangerous objects that are likely to be used for crimes under the Punishment of Violences, etc. Act without justifiable grounds.

2. The Defendant engaged in the obstruction of performance of official duties in a place and at the time under paragraph (1) of this Article, and committed assault by a medical police officer C belonging to the former North Korean Provincial Police Agency, who directed a civil petitioner, etc. by suffering from police uniforms, such as “catch shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot on the floor of the entrance by gathering the above application form in his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning civil petition information and protection of office buildings by medical police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each statute on photographs;

1. Articles 7 and 136 (1) of the Criminal Act concerning the Punishment of Violence, etc. Act (the occupation of carrying dangerous articles and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a defendant who has no record of punishment heavier than that of the same kind of crime or fine is repenting his mistake, and deposit KRW 500,000 in the C, etc.);