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(영문) 전주지방법원 남원지원 2018.08.21 2018고단120
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

At around 00:31 on April 23, 2018, the Defendant: (a) at the Defendant’s house located in Namwon-si, Namwon-si, 107 Dong 101, the Defendant filed a report from the Defendant’s wife C to the effect that “the Defendant is suffering from assault by the Defendant, leaving the door, leaving the door, and leaving the door outside,” and requested the Defendant to open the door by the slope E and Inspector F belonging to the D District of the North Korean Police Station, North Korea, North Korea, Seoul, upon receipt of a report from the Defendant’s wife C, the Defendant continued to open the door in the house without opening the door, and the Defendant filed a request for rescue by opening the door to the 112, and the police officers opened the door through the first floor, open the door through the door, separate the reporter and the Defendant, and listen to the reporter’s statement.

The Defendant: (a) stated that the police officers dispatched to the site “a fluor friend fluor, bitch fluor, bitch fluor, bitch fluor,” and assaulted the chest part of the chest E in his hand, requesting that the police officers go out of the fluence.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and F;

1. Application of Acts and subordinate statutes concerning the details of processing reported cases;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Not more than five years of imprisonment;

2. Application of the sentencing criteria [Types of Determination] Obstructing the performance of official duties in the course of interfering with the execution of official duties (a person who obstructs the performance of official duties and coercion of duties) : Where the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor (a decision in the sphere of recommendation] mitigation area [a decision in the sphere of recommendation] mitigation area [a decision in the sphere of recommendation] - one month to eight months.

3. Sentence;

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