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(영문) 전주지방법원 정읍지원 2017.11.16 2017고단316
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

The defendant is between the village residents such as D, and the victim E (74) is the father of D and the victim F (74 years old) are the mother of D.

1. On June 20, 2017, in relation to the act of supplying water to D and rice from the waterway located in regular Eup/Myeon on or around 05:40 on June 20, 2017, the Defendant: (a) took a knife the Defendant to stop the instant fighting; (b) took a knife (14cm in knife, 17cm in length; 17cm in knife in knife); (c) knife the victim’s body and knife the knife of the victim; and (d) took a knife with the victim’s face, knife the knife of the victim’s body, knife the victim’s knife with the victim’s face; and (e) carried the victim’s knife with the dangerous article attached to the Defendant in order to restrain the victim’s knife.

Accordingly, the defendant carried a knife, which is a dangerous thing, and committed violence to the victims.

2. On June 20, 2017, at around 06:10 on June 20, 2017, the Defendant: (a) was solicited by the victim I (53) who is the police officer of the Jung-gu Police Station He Police Station, called out after receiving a report of 112 at a port of port No. 112, to board the Defendant’s superior to the 119 first-aid vehicle for the purpose of treating the Defendant’s superior position; and (b) on the ground that the Defendant refused to comply with the request, the Defendant sent the victim’s face once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F, E, and I;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant provisions of the Criminal Act, Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, the choice of imprisonment for a 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. Protection observation;

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