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(영문) 수원지방법원 성남지원 2016.07.04 2016고단1003
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 March 13, 2016, the Defendant insultingd the victim by openly insulting the victim by saying, “A police officer, who belongs to the Sungnam Police Station B police box, sent out after receiving a report, would be asked of his residence from the victim C, who is a police officer affiliated with the police officer of the Sungnam Police Station B police box, in the direction of the victim’s view, who is gathering from the victim’s view, as the village in which the Defendant was located in the Jinnam-si, Jinnam-si, Ma-gu, Gink-gu, Gink-gu, the Defendant: (a) fell short of how much this rings, rings, rings, and rings; (b) died between the Defendant and the Defendant; and (c) rings, at least once a month, the victim should die during the three months.”

2. The Defendant interfered with the performance of official duties, as described in paragraph (1), was arrested by the current criminal suspect from C, etc., and was escorted to B as a police box prior to the said police box.

Accordingly, the above C caused the Defendant to put up the Defendant, and the Defendant was found to have been able to set up the thresholds of the above C once by her head.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136(1) and Article 311 of the Criminal Act and the choice of imprisonment with prison labor concerning 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 ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] for the observation of protection and the provision of community service order and the reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of punishment]: There is no basic area (the period from June to April) (the period from June to April) [the person subject to special sentencing] [the decision of sentence] unfavorable circumstances: The degree of interference with the performance of public service is minor

A normal condition favorable to the point that it cannot be seen: there is no record of punishment for interference with the execution of official duties, there is no record of exceeding the fine, confession, and reflect, and the above circumstances, and the age, sex, environment of the defendant.

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