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(영문) 전주지방법원 남원지원 2014.12.16 2014고단262
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 22:30 on July 18, 2014, the Defendant brought a dispute between D and E, the Defendant’s seat in front of the Namwon-si B, and brought a 112 report to the F Zone G, and the slope H, etc., of the Namwon Police Station, in order to verify the situation of the instant case, he voluntarily operated D and E to move to the F Zone, and tried to move to the F Zone to the F Zone, “I are moving to the F Zone. I have resolved this problem. I would like to stop the progress of the patrol at 203rd, and even after the removal from the said police officer, the Defendant took the 202 lane at the front of the said patrol, with the front wheels of the said patrol, and put the front wheels with the front wheels, “I will interfere with the operation of the police patrol by force, etc.” and “I will interfere with the desire of the police patrol.”

The Defendant continued to arrest a flagrant offender under suspicion of obstruction of the performance of official duties and on board the patrol vehicle, and threatened a slopeH, etc. with a view to getting out of the patrol vehicle that moved to the F area, and threatened a slope H, etc., “This spile feas is waiting to leave the feasia at the time of the feasia after the lapse of six months from the inside of the feasia,” etc.

Accordingly, the defendant interfered with police officers' legitimate execution of duties concerning handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports (related to the closure of a cellphone image);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the decision of type], the obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the person who has been specially punished] (the scope of the recommended punishment].

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