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(영문) 전주지방법원 2017.05.26 2017고단482
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On January 31, 2017, the Defendant: (a) taken video clips with a Handphone, such as a slopeF, etc. for the service of the police box in the front of the D restaurant located in the Donsan-si, Busan-si, Seoul-si, with the report of 112 in front of the D restaurant, and was in charge of the assault, and tried to ask the slopeF in relation to the case, and (b) asked him of the relationship with the case.

Whether the public authority is abused or not

"If there is no relation with the case, it shall not be taken without permission by a slope F in order to protect personal information of the persons concerned with the case and others.

Abstract도요.

“I am the word and turn all the Hand of the Defendant’s Hand.”

He saw that he was her body, pushed the police officers with a view to keeping it off by a slope F, and committed assault, such as "on the ground that he she was fluored with a E box, he she was fluored with a part of the sloping F’s entrance fee once by drinking on the ground that he she was fluored with the E box, and when he was fluord with a part of the bluorium."

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of G and H;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. The basic area (referring to six months to one year and six months) of the sentencing criteria shall interfere with the execution of public duties;

2. Crimes that interfere with the performance of official duties are not good due to unfavorable circumstances to the determination of sentence, which interfere with the exercise of legitimate public authority.

Under favorable circumstances, the defendant recognized the crime of this case, there is no past record of criminal punishment exceeding the fine, and 500,000 won shall be applied to police officers who have suffered damage for the restoration of damage.

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