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(영문) 수원지방법원 성남지원 2014.10.16 2014고단2144
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On March 19, 2014, the Defendant was sentenced to imprisonment with prison labor for the crime of obstruction of performance of official duties at the Sungnam Branch of Suwon District Court for the same year.

7.18. A person whose sentence has been completed;

1. At around 07:30 on August 22, 2014, the Defendant, at the D convenience store located in Sungnam-si, Sungnam-si, who received 112 report to the effect that the Defendant avoided the disturbance, and expressed to the assistant F of the Sungnam Police Station Emb box affiliated with the Sungnam Police Station Emba, who called the Defendant at that place, the Defendant interfered with the Defendant’s legitimate execution of duties concerning the handling of the duty of 112 reported by F, a police official.

2. On August 22, 2014, at around 07:35, the Defendant: (a) arrested a flagrant offender for obstruction of performance of official duties as indicated in paragraph (1); (b) obstructed legitimate performance of official duties on the victim’s right right-hand side of the police box, and obstructed the police officer’s criminal investigation, etc., when he voluntarily tried to go out of the police box, and when H voluntarily attempted to go out of the police box; and (c) prevented the police officer from getting out of the police box.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. One CD in the investigation report (explaration of CCTV screen pictures at the scene of a crime), each CCTV recording photograph (a convenience store, E-station), and CCTV recording screen;

1. A detailed statement on handling 112 reported cases;

1. A photo of the damaged part;

1. Previous records: Application of criminal records and other inquiries, and criminal investigation reports (verification of the same type of force, attachment to judgments, etc., and confirmation of final confinement);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders have the same record of being punished several times for the same type of crime, and the defendant does not know at all even though he was in the period of repeated crime for which he was released.

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