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(영문) 창원지방법원 2016.04.20 2015고단2019
공무집행방해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2015, around 02:43, the Defendant: (a) received 112 reports from the Defendant in the Defendant’s residence located in Seongbuk-gu, Changwon-si; (b) sought to identify the details of the report to the Defendant by two police officers E, etc. belonging to the police station D police station in the Changwon-gu, Seoul Special Metropolitan City, who called to the site; (c) assaulted the Defendant, such as taking a common bath to the above E; (d) he was arrested as the current offender for the foregoing reasons; (c) was arrested as the fact that the police box in the Changwon-gu Police Station was carried out; and (d) took a common bath again to the above E, etc.; and (e) assaulted the said E, bucking the bucks by walkinging the bucks.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes and maintenance of public peace and order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness E in the second public trial records, by the witness F in the third public trial records, and by the witness G in the fourth public trial records;

1. The video CD (According to each of the above evidence, it is sufficiently recognized that the defendant used the police officer's assault as stated in the above facts constituting the crime in his/her residence.

In addition, according to the above evidence, there was any unlawful act of performing official duties in the course of investigating the fact that the defendant was arrested as an offender in the crime and then investigating the case of a police box.

It is difficult to see the Defendant’s assertion that the police officer’s act of assaulting the police officer in the protocol of interrogation is not illegal, because the police officer took part of the Defendant’s lock as part of the Defendant’s lock.

Application of Statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing of the main sentence of Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit, [the scope of recommendations] the type 1 of the Criminal Procedure Act that interferes with the performance of official duties (the scope of recommendations).

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