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(영문) 수원지방법원 성남지원 2016.12.08 2016고단3310
공무집행방해
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for six months;

(b)Provided, That the above punishment shall be imposed for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 1, 2016, at around 15:10, Defendant A reported to the effect that he gambling at “D cafeteria” located in Seongbuk-gu, Sungnam-gu, Sungnam-si, and attempted to detect and regulate a place of gambling by slope E belonging to the Sungnam Police Station of the Sungnamnam Police Station called “Iscambling, Iscam, Is my governance, Isambling, and assault E’s right arm’s right arm’s length by walking E’s chest.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported duties by police officers and criminal investigations.

2. Defendant B, as the police officer stated in paragraph (1), proposed to put the money in the main machine and to hold a “D cafeteria” at the time and place indicated in paragraph (1), and the victim E, a police officer, stated in paragraph (1), made a public insult of the victim, who had many people, such as cafeteria F, who is a restaurant, saying, “I must come to see the victim,” and “I must be informed to the newspaper company,” and “I must be informed of this son,” thereby openly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement and statement of each police officer concerning the victims and witnesses;

1. Each photograph and written complaint;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 136(1) of the Criminal Act; the choice of imprisonment

B. Defendant B: Article 311 of the Criminal Act; Selection of fine

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Social service Defendant A: Article 62-2 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the provisional payment order: It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act;

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