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(영문) 광주지방법원 2020.01.09 2019고단4471
공무집행방해
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 of the final judgment.

Reasons

Punishment of the crime

1. At around 23:20 on September 16, 2019, the Defendant: (a) took a disturbance without any drinking value in the “D’s operation “D”; (b) took the 112 report to the police officer of the Naju Police Station Escoping that he would pay the drinking value from G and return home; and (c) took the rubber scoper reported while taking a bath to the police officer of the Naju Police Station Escoping that he/she was sent back, he/she took one time in his/her hand; (d) continued to restrain G’s left scopic scopic scris; and (e) took two times in his/her face with his/her hair face, and requested the Defendant to present his/her identification card; and (e) he/she took two times in his/her call to the police officer upon receiving the request for support.

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

2. On September 17, 2019, around 00:10 on September 17, 2019, the Defendant: (a) demanded the Naju Police Station Eabba in the Jeju Police Station Eaba, which was arrested and taken custody of a flagrant offender for the facts constituting the crime listed in paragraph (1), to send a locker in the toilet; (b) and (c) assaulted the Defendant, without any justifiable reason, on one occasion, by taking the face part of the J to the head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F, G, H, and J;

1. C’s statement;

1. Application of the Acts and subordinate statutes to a e-station at night ( September 16, 2019), a 112-reported case handling table, and a CCTV video data-fashion photograph;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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;

1. Probation and community service order under the Criminal Act;

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