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(영문) 춘천지방법원 강릉지원 2016.09.22 2016고단916
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

On June 22, 2016, the Defendant reported that a person engaged in daily work together with C and D drinking alcohol from June 22, 2016 to March 23:00, and that C and D assaulted a person before the F convenience store located in Gangnam-si E.

Around 23:25 on the same day, the Defendant: (a) deemed that the police officer of the Gangnam Police Station G District G District of the Gangnam Police Station, who was dispatched after receiving a report of the assault, wanted to arrest the said D; (b) sent out to the outside as “fluoring it,” and (c) took the front part of the victim H (H 49 tax) and her face at one time after walking.

Defendant continued to take the victim I (35 years old), who was under his control from the police officer I belonging to the said patrol group, and boomed the victim I’s spons and sponsed the victim I’s spons and spons with his face by sponsing the victim I’s spons and sponsed the victim I’s spons.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the arrest of flagrant offenders, and at the same time, the Defendant inflicted injury on the victim H, such as salt pans, etc. in need of a three-day medical treatment, and injury to the victim I, such as salt pans, tensions, etc. in need of a three-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, I, J, and K;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes to the 112 Report Processing List, the patrol picture booms, and to photograph them;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed on the person who has committed the most severe crime against the H);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there is no history of criminal punishment, and that some amount has been deposited for victim I);

1. Article 62-2 (1) of the Criminal Act on the community service order;

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