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(영문) 전주지방법원 정읍지원 2020.04.02 2019고단551
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 30, 2019, the Defendant: (a) called “C” house located in Jung-gu, Jung-gu, Jung-gu; (b) on November 30, 2019, the Defendant paid the drinking value upon the recommendation of police officers, such as D District Guard E, etc., sent out after receiving the 112 report; (c) on the same day, the Defendant raised complaints against police officers; and (d) on around 02:30 on the same day, the Defendant sought to the D District of Jung-gu, Jung-gu, Seoul, which is located in the F in Jung-gu, Jung-gu, Jung-gu; and (d) committed assault, such as spabling the breath while taking a bath against the said E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The execution of a sentence is suspended on the condition of probation and order to attend a lecture, taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act; (b) the degree of damage; and (c) the history of having been punished by a fine on several occasions for the same offense (a fine of insult on September 7, 2017; (b) the fine of KRW 2.5 million for the crime of obstruction of performance of official duties on March 7, 2012; (c) the fine of KRW 1.2 million on September 11, 2009; and (d) the fine of KRW 1.5 million on September 20, 207, etc.).

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