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(영문) 수원지방법원 2017.12.14 2017고단5636

공무집행방해등

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A defendant shall be punished by imprisonment with prison labor 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. From July 30, 2017 to July 23:10 on the same day from July 30, 2017 to 23:30 of the same day, the Defendant: (a) controlled the victim D, a police officer affiliated with C of the Police Station C of the Jinsung Western Police Station C, and the victim E, by drinking alcohol; and (b) “F,” on the ground that the Defendant’s demand does not take place on the part of multiple unspecified persons, on the ground that “the victim is a bit bit of a bitch bit of a bitch,” i.e., the victim D and the victim E, a police officer affiliated with the police station C of

The victims were openly insultingd by referring to the following terms: “Cropher, Chewing, grheat.”

2. The Defendant, at the time, at the same time and place as in the preceding paragraph, took a attitude to see D with the body of the head, boomed D, who was under the control of D, a police officer affiliated with C of the police station of the Seo-Seng-gu, Seosung-gu, Seoul, called “Wing the head of the rank”, “Wing the head of the rank, I see it,” and boomed D’s chest, and boomed D’s body with the body.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the investigation of crimes and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. Each complaint filed by D and E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to these images), video CDs;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the 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. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the defendant among the reasons for sentencing) - Circumstances unfavorable to the defendant: The degree of interference with the execution of official duties is not weak due to a crime committed by a police officer who continuously takes a desire to control drinking and by using violence going on the road.

At the time of crime, it is also considered as a contingent crime committed by drinking in view of the defendant's speech and behavior.