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(영문) 전주지방법원 군산지원 2014.04.24 2013고단1672

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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

On December 14, 2013, the Defendant reported on the ground that he assaulted B around 23:19 on December 14, 2013, and was forced to voluntarily move to the C District District of the YA and undergo an investigation.

피고인은 익산경찰서 C지구대 소속 경장 D으로부터 인적사항을 질문받았음에도 이름 이외에는 알려주지 않고, “내가 뭘 잘못했느냐, 나는 아무 말도 하지 않고 묵비권을 행사 하겠다”고 하며 진술을 거부하고, 임의동행 동의서에 서명날인을 요구받았으나 이를 거부하였다.

Therefore, the Defendant was required to return home from the above Gyeong, but was drunk without returning home, and was under the influence of alcohol, saying, “I must do so, Chewing feas, and ring.” The chest of the elbow D with his arms and elbow, and was under the right hand hand hand of the flab D with his hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police statements concerning B and D;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures has a record of being sentenced to a fine by an act of violence at least seven times, and despite the record of having been sentenced to a suspended sentence of imprisonment due to the obstruction of performance of official duties, again committed the instant crime, and it is inevitable to sentence the defendant to imprisonment

However, in consideration of the fact that the defendant is recognized as committing a crime, the fact that the defendant appears to be a contingent crime, and the police officer did not cause damage, such as injury, the execution shall be suspended at once, and the sentence shall be determined as ordered in the same manner as the order.

Public Prosecution Rejection Parts

1. On December 14, 2013, the Defendant: (a) 22:30 on December 14, 2013, she was working in front of the Friju-si E.