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(영문) 전주지방법원 군산지원 2017.07.19 2016고단473
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2016, at around 02:30, the Defendant: (a) stopped in front of the taxi platform of the fourth apartment complex located in the Sinsan City, 36 (b) on May 10, 2016, and (b) took a bath to the above E, who was requested to return home from the victim E (V, 28 years of age) belonging to the Gun Police Station D branch of the Gun Police Station, called the 112 taxi driver, in order to have the Defendant under the influence of alcohol returned home, the Defendant took one time a cell phone with the above E’s left hand, etc. used by the Defendant.

On the same day, the Defendant continued to be in F of 02:50 on the same day, while waiting to be arrested as a flagrant offender due to the above obstruction of performance of official duties, he / she expressed a bath to G officers belonging to the said patrol group, and her hand took the right face of the said G at one time.

Ultimately, the above police officers E interfere with legitimate performance of duties concerning the handling of the reported case and the field order work of the police officers E, and at the same time, the victim E puts the left-hand hand hand above the bottom of the floor of approximately 4,5 loss requiring two weeks medical treatment, and interfere with legitimate performance of duties concerning the arrest of flagrant offenders G and the investigation of the case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C, E, and G;

1. Investigation reports and photographs of victimized police officers;

1. Application of Acts and subordinate statutes (E) of a report on investigation (related to attachment of a medical certificate) and a medical certificate;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to crimes of obstructing the performance of official duties and inflicting bodily injury on policemen E).

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 62 (1) of the Criminal Act (including the following favorable circumstances, etc.):

6. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the grounds for sentencing are as follows: (a) a crime with an ordinary concurrent relationship exists; and (b) a crime is not applied.

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