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(영문) 수원지방법원 안양지원 2014.09.25 2014고단1127
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 12, 2014, the Defendant notified “D” in Sincheon-si, Sincheon-si, that “A may be a crime of fraud if the police officer F, who belongs to Sincheon-gu, E Zone E zone, dispatched to the site on the 112 report of Sincheon-si, who did not pay the drinking value, did not pay the drinking value,” and expressed “I will be able to be a crime of fraud if you do not pay the drinking value.” The Defendant expressed “D” on June 12, 2014, which was required by F to arrest the Defendant in flagrant offender and board the vehicle on one occasion under the suspicion of fraud and obstruction of performance of official duties. However, according to the statement in the police statement (record 16) of F on the statement in the statement in the police statement (record 16) of F, it seems that there is no concern for the Defendant’s exercise of his right to defense.”

He had raised his second part of his judgment once.

Accordingly, the defendant interfered with the police officer F's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. G statements;

1. Application of F physical photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant and his/her defense counsel asserted that the defendant and his/her defense counsel at the time of the crime of this case, such as that the defendant, while under the influence of alcohol, was in a state of mental or physical disability or mental disorder at the time of the crime of this case.

According to the records, it is recognized that the defendant was drinking at the time of crime.

However, the circumstances and the means of committing the instant crime, recognized by the evidence duly adopted and investigated by the court, are as follows.

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