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(영문) 전주지방법원 군산지원 2016.05.11 2016고단248
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2016, around 01:06, the Defendant told that the Defendant’s wife D and her relatives E w at the convenience store located in the Seoul Gun-si, Chungcheongnam-do.

At this time, a witness in the name unsatis has reported 112 that "a male is taking time to female," and a police officer has called the scene.

피고인은 신고를 받고 출동한 군산 경찰서 F 파출소 소속 경위 G 외 1명의 경찰관들 로부터 사건 경위에 대한 질문을 받게 되자, 같은 날 01:13 경 G을 가로막고 “ 니들이 상관할 바가 아니다 ”라고 말하면서 손으로 G의 멱살을 잡아 흔들고, 주먹으로 때리려는 시늉을 하고, G의 넥타이와 좌측 계급장을 손으로 잡아 뜯었다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with the performance of official duties, and the basic area (from June to January 4) (the decision of the sentence] [the nature of the crime of this case by using violence to police officers who perform official duties] is not less than that of the crime of this case by using violence, but considering favorable circumstances, such as the fact that the defendant is erroneous and against the defendant, the fact that there is no criminal record beyond the fine, and the fact that there is no criminal record beyond the fine, etc., the sentence shall be determined as per the order within the scope of the recommended sentence, taking into account all other circumstances, which form the condition for sentencing

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