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(영문) 전주지방법원 군산지원 2017.10.25 2016고단1095

공무집행방해등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:00 on July 14, 2016, the Defendant insultd the victim by openly insulting the victim by making a statement to “D” in the operation of Yasan-si, Yasan-si, Yasan-si, Yasan-si, which is the circumstances leading up to the organization of the E District of the Yasan-gu, Yasan-si, Yasan-si, where the victim F, who was dispatched to the site upon receipt of a report to confirm the personal information of the Defendant, in order to identify the Defendant’s identity.

2. The Defendant obstructed the performance of official duties at the same date and time as in the preceding paragraph, and at the same place as in the preceding paragraph, continued to take a bath against F, an inspector belonging to the Yansan Police Station E District, who was dispatched to the site after being reported as in the preceding paragraph, and committed violence by G, a police official belonging to the same district police station, who was dispatched to F along with F, in order to verify the personal information of the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A written statement of F and G;

1. Complaint;

1. Application of statutes on site photographs;

1. Relevant Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for each 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. Where the reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] the ground for sentencing under Article 62(1) of the Criminal Act, and the extent of violence, intimidation, and deceptive scheme is minor in the mitigation area (one month to eight months);