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(영문) 수원지방법원 성남지원 2016.04.21 2015고단2668
공무집행방해등
Text

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

1. On September 7, 2015, from around 14:14 to 14:35, the Defendant interfered with the business of the Defendant, under the influence of alcohol in front of the victim C’s Doz’s Doz’s Doz’s Doz’s Doz’s Doz’s Doz’s Doz’s Doz., and obstructed the Defendant’s Doz’s Doz’s business by force.

2. On September 7, 2015, at around 14:35, at the places indicated in paragraph (1) of the same Article, the Defendant: (a) was scamed from the police officer D(30) in the Sung-nam Police Station, which called on the site after receiving a report of 112, while taking a disturbance, and assaulted the Defendant, such as walking the bridge of the said D, while taking a sudden bath.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

3. In a case where 10 persons, such as the above C, are heard at the date and time, place, as described in paragraph 2, the Defendant: (a) whether the victim E “this ring, anywhere the police officer raises his/her hand on a sobund and asked him/her questions;

p. Abuse of public authority

The victims were openly insulting, such as the expression “a large sound.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, C, and E;

1. A complaint;

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

1. Relevant legal provisions of the Criminal Act, Articles 136(1) (the point of obstructing the performance of official duties), 314(1) (the point of obstructing the performance of official duties), 311 (the point of insulting) of the Criminal Act, and the choice of imprisonment with prison labor for the 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 stay of execution (see, e.g., Supreme Court Decision 62 (1)

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