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(영문) 전주지방법원 정읍지원 2015.11.17 2015고단490
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 12, 2015, the Defendant assaulted the victim E (the 19-year-old) who was an employee, by misunderstanding that the victim E (the 19-year-old) brought about a cell phone in order to take the cell phone between the Defendant and taking a bath to the victim, thereby pushing the victim's shoulder with his hand floor, and by cutting the victim's cell phone one time with his hand, in order to take the defect in which the victim intends to report the cell phone into his/her cell phone, he/she saw the victim's scam with his/her son at one time, sealed his/her shoulder and breast part, sealed his/her hair, and scam his/her hair.

2. On September 12, 2015, the Defendant obstruction of performance of official duties: (a) was arrested as a flagrant offender on the street in front of the G District of the Jung-Eup Police Station G District, which was located in F of Jung-gu, Jung-gu, Seoul, on the same ground as the indicated in the foregoing paragraph (1) and carried out a patrol vehicle by the G District Police Officer H and a slope I, who was arrested as a flagrant offender and carried out a patrol vehicle; (b) while getting off from the patrol vehicle on the street of the said G District, the Defendant obstructed the police officer’s legitimate performance of duties concerning the arrest of a flagrant offender on the left side of the said G District by taking one time at the time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and H;

1. 112 Reporting case management table;

1. A damaged part photograph of victim E;

1. Application of Acts and subordinate statutes concerning the image photographs damaged by the Inspector H

1. Relevant Article 260(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of violence and the selection of a career style) concerning criminal facts, the choice of punishment (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. However, considering the fact that the Defendant was sentenced to a fine for the same kind of crime and the fact that the nature of the crime of this case is not good, it appears that the Defendant committed the crime of this case in a state of detention, and that the Defendant appears to have committed the crime of this case in a state of detention, and that, from the time when the Defendant was investigated after he was fry, all of misunderstandings and commits the crime of death from the time when he was investigated.

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