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(영문) 수원지방법원 성남지원 2016.02.17 2015고단2145
공무집행방해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 7, 2015, the Defendant, while under the influence of alcohol around 02:00, was used in front of the building in Sungnam-si Section B in front of the building in Sungnam-si. Upon receiving a report from the host, the Defendant was subject to protective measures for returning home to the police officer affiliated with the branch police station C box of the branch police station called to the site, even if he was aware of the Defendant’s residence.

1. The Defendant interfered with the performance of official duties of the victim E on the same day, and committed assault at one time on the part of the police police box of the branch police station C at the time of movement while taking a bath to E, who is a police officer belonging to the police station of the branch police station where he was in motion, while carrying out a boom in front of the branch police station F and in front of the branch police station in the same day.

2. On the same day, the Defendant: (a) obstructed the performance of official duties to the Victim G; (b) obstructed the Defendant: (c) whether he/she wishes to die in G, who is the police officer assigned to the police station C police box of the Sector Police Station C, which uses a dtel 1st floor of Sungnam-si, Sungnam-si, about the same day to return directly to his/her home on the first floor.

“In doing so, assaulted the front part of the bridge, including twice the front part of the bridge, and the front part of the entrance, once, on the other hand.”

3. Around 02:40 on the same day, the Defendant: (a) obstructed the performance of official duties of the victim H, the Defendant: (b) exercised the power of cutting the window of the vehicle within the rear seat of the patrol vehicle No. 71, who moves from the street in front of 54 minutes to C police box in front of the distance of 54 minutes; (c) assaulted the Defendant, such as entering the left left top of H, the police box of the branch police station C police box of the branch police station, who was the police officer belonging to the police station of the branch police station; (d) assaulted the Defendant.

Accordingly, the defendant interfered with the legitimate protective measures of police officers and legitimate execution of duties of criminal pressure.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and G;

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

1. Article 136 (1) of the Criminal Act and the choice of punishment for a crime under the relevant provision of the Act;

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. The grounds for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant is a first offender, and that the defendant is a first offender.

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