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(영문) 전주지방법원 군산지원 2015.06.12 2015고단214
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 8, 2015, the Defendant reported on March 22:35, 2015, on the roads of the Gunsan-si C apartment, that the Defendant was in the influence of alcohol, and made intimidation, such as: (a) taking a bath to the said police officer on the ground that the Defendant’s speech that the Defendant would go to house from E working in the zone of the Gun Police Station D District, and that he would go to go to the house from the slopeF, and (b) attempting to go to go to the slopeF by hand, etc. on one occasion on the left face of the slopeF; and (c) continuing to go to go to the slopeF on the shoulder.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of the above slopeF's 112 reported case and the maintenance of order in the field.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes, such as a report on investigation, etc. and photographs of victimized police officers;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] There is no person who has a basic sphere of obstruction of performance of official duties (six to one year and four months) [Judgment of sentence] [Judgment of sentence] The defendant has exercised violence against police officers who intend to rescue himself/herself, and choice of imprisonment inasmuch as the nature of the crime is very poor, but the defendant repents and reflects his/her mistake, the defendant has no criminal power in the same kind of crime, the degree of damage suffered by police officers is minor, etc., and the sentence is set as ordered by the order beyond the lowest sentence of recommendation in consideration of the circumstances favorable to the defendant.

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