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(영문) 의정부지방법원 고양지원 2016.09.23 2016고단1693
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 00:00 on June 11, 2016, the Defendant: (a) requested the victim from the victim C’s DNA conference operated in Soyang-gu, Soyang-gu; (b) however, the victim took a bath to the victim’s view that he did not have any room; (c) and (d) that the victim’s talked in another place; and (d) laid on the floor by gathering the parts of the chemical in the mother telecom and set up on the floor, and entering the telecom, thereby interfering with the victim’s maternal business by force for a period of one-hour period.

2. Around 01:10 on the same day, the Defendant interfered with the performance of official duties, upon reporting by the above C, sent to the scene by Goyang Police Station E District forces F and Assistant G on the same day.

The defendant continued to have been called by the police on the floor of the Moel floor and interfered with the business of the above C, and arrested the flagrant offender F, etc.

Since then, the above slope G sought to leave the Defendant on the patrol vehicle 112, and the Defendant resisted to leave the patrol vehicle, and the Defendant was urged to sell G with the Gap-top with his hand-top.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders and the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C’s statement;

1. Application of the Acts and subordinate statutes to a photograph of a black boom, a photograph of cutting off a screen image, a field, and a slope photo of a damaged police officer, and to a photograph of a CCTV image inside a DNA;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of punishment by law: Imprisonment with prison labor for not more than seven years and not more than six months;

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