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(영문) 수원지방법원 안산지원 2015.03.04 2015고단132

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On January 8, 2015, the Defendant of the obstruction of performance of official duties, around 22:45 on January 8, 2015, when being drunk in front of the restaurant, and under the influence of alcohol in front of the restaurant, the Defendant assaulted the above G, who was urged to return home from G from the border of the Heung-gu Police Station, the border of the Heung-gu Police Station, who was called out to the above G, by receiving a 112 report, stating that “A person under the influence of alcohol is hurbly hurbly hurbly hurbly hurbing, humbing, and punishing him/her.” The Defendant assaulted the said G, who was urged to return home from G at the border of the Heung-gu Police Station that was called “the hurb kbb kbb

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

2. On January 9, 2015, the Defendant committed assault, around January 9, 2015, around 01:25, at the office of the Silung Police Station’s Criminal Team in Silung-ro, 513, the Defendant transferred the Defendant’s personal illness arrested in the act of obstruction of performance of official duties as stated in the above paragraph (1) to the Defendant’s own right hand hand hand hand hand hand hand hand hand hand hand hand hand over the Defendant’s Ha who was arrested in the act of obstruction of performance of official duties.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation of flagrant offenders arrested by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of the respective Acts and subordinate statutes of E and I;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., that the defendant is led to confession and reflect, and that the defendant does not have the same record);

1. It shall be decided as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;