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(영문) 수원지방법원 성남지원 2016.10.06 2016고단2046

공무집행방해등

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

Punishment of the crime

1. On July 9, 2016, the Defendant: (a) reported on July 23:07, 2016, 112 on the street in front of a restaurant located in Seongbuk-gu, Seongbuk-gu; and (b) requested a police officer to produce identification cards from the police officer, such as a slope E belonging to the D Zone of the branch police station, who was dispatched to the site after having received a report on his/her identification card; and (c) pushed the police officer’s arms, and pushed the police officer’s arms; and (d) interfered with the foregoing E; and (d) assaulted the chest of E by drinking.

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

2. On July 10, 2016, around 02:35, the Defendant damaged public goods at large interest, such as “When he was arrested in a flagrant offender with the same criminal facts as described in paragraph (1) within the investigation station of the branch police station and the detention room 5 room located in Seongbuk-si, Seongbuk-si, 165, and was arrested in the detention room, and was arrested in a flagrant offender with the same criminal facts as described in paragraph (1), the Defendant saw the disturbance of the public goods at large interest and damaged the public goods to the extent of KRW 198,000 for the repair cost by opening the floor of the detention room on his hand.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (related to behavior in a detention room of a suspect), investigation report (related to the investigation of a branch police station and damage to public goods);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act (i.e., reflects the fact that the person has compensated for damage, etc.);

1. Social service order under Article 62-2 of the Criminal Act;