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(영문) 수원지방법원 여주지원 2016.01.06 2015고단903

공무집행방해등

Text

A defendant shall be punished by imprisonment for four 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 September 2, 2015, the Defendant was urged to return home from D police officers belonging to the Pyeong Police Station to the site on several occasions, upon receiving a report from 112, stating that “Appppppbook” located in Gyeonggi Games B, and that “Appppppppppppppppppppppppppppppppppppppppppppppppppppppppp

Nevertheless, in order for the Defendant to avoid disturbance while taking a bath against the above D to issue a penalty payment notification to the Defendant due to the violation of the Punishment of Minor Offenses Act, the Defendant committed assault by twice by raising the left hand of the above D, which used the PDA as a hand hand, in order to issue the penalty payment notification to the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The part dismissing the prosecution of the community service order under Article 62-2 of the Criminal Act

1. While the Defendant heard the date and time, place, the name of the president E, E’s spouse whose name is unknown, and one customer, etc. on the ground of criminal facts, the Defendant expressed the victim D, who called to the site on the ground of criminal facts, arrested the Defendant as a current criminal of interference with the performance of official duties on the ground that he was arrested the Defendant as a criminal of interference with the performance of official duties.

Accordingly, the defendant openly insultingd the victim.

2. The facts charged in this part of the judgment are crimes falling under Article 311 of the Criminal Act, which are subject to victim's complaint. Since a document stating the victim's intent not to be punished after the prosecution of this case is submitted to this court, the prosecution of this case is dismissed in accordance with Article 327 (5) of the Criminal Procedure Act.

Sentencing.