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(영문) 창원지방법원 진주지원 2019.06.27 2019고단281
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On February 17, 2019, at around 05:46, the Defendant: (a) failed to pay the drinking value at “F” entertainment taverns E in a patrol boat, which was sent after receiving 112 report; (b) was able to take a bath, such as “a shotf, shotf,” and “a shotf,” who was sent to the police box B by the police officer C and patrolmen affiliated with the police box of the patrol boat B; and (c) the above C et al. interfered with the passage of the patrol boat, thereby interfering with the removal from the said D, and was shotfing the flab of C by pushing the left chest of the D with his her chest, and then was skeing C’s flaf by drinking-up.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. 정선경찰서 B파출소 순경 H에 대한 공무집행방해 피고인은 2019. 2. 17. 06:50경 강원 정선군 I에 있는 정선경찰서 B파출소에서 제1항 기재와 같이 공무집행을 방해한 혐의로 현행범인으로 체포되어 위 파출소에 인치되어 있던 중 “변호인을 선임하겠다. 수갑을 풀어 달라”라고 말하여 순경 H이 손전등으로 수갑 부분을 비추고 순경 D이 피고인의 수갑을 풀고 있는 도중에 별다른 이유 없이 왼발로 순경 H의 낭심 부위를 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning suspect management who was arrested by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, and H;

1. Two CDs of images of the obstruction of performance of official duties;

1. The application of Acts and subordinate statutes to report internal investigation (case of field conditions, etc.) and investigation report;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties against Police Officers C and Police Officers D);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1)1 of the Criminal Act:

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