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(영문) 수원지방법원 성남지원 2016.01.13 2015고단2633
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 November 13, 2015, the Defendant: (a) around 21:35, on the ground that proxy engineer E in front of Gwangju City did not drive the Defendant’s house, and (b) on the ground that the proxy engineer E in front of Gwangju City did not drive the Defendant’s house, the Defendant: (c) on November 13, 2015, “the representative engineer, who is a customer, does not pay any fee; and (d) takes a bath to the site upon receiving a report from the representative engineer E, the Defendant additionally paid the charge to the assistant G, the police box of the Gwangju police station, and the senior H, who called the site upon receiving the report from the representative engineer E; and (c) on the face of the driving of the Defendant by the police vehicle, the above G, etc., would follow the police lane

On the same day, around 21:45, E takes the Defendant into the house of the Defendant located in Gwangju City I, and the Defendant does not leave his house from his own car, and her driver’s seat towards the police vehicle followed by the Defendant, “I bit bit bit bit bit bit bit of the police bitch.”

Bonese,

집까지 따라오고 ”라고 욕설을 하고, 위 G 등이 하차하여 피고인에게 “ 술이 많이 취하였으니 귀가를 하는 것이 좋겠다” 고 수회에 걸쳐 권유하였음에도 이에 대한 조치를 따르지 아니한 채 행패를 부리며 주먹을 휘둘러 위 G의 뒤통수를 1회 때리고, 위 G 등이 피고인을 현행 범인으로 체포하고 경찰차에 태우는 과정에서 발버둥을 치면서 발로 위 G의 무릎을 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant was detained for two months and reflects the fact that he/she had no record of the same kind of crime);

1. Article 62-2 of the Criminal Act on the observation of protection;

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