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(영문) 수원지방법원 안산지원 2015.09.08 2014고단2380
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 1, 2014, at around 21:05, the Defendant expressed his desire to “I wish to see that I would like to see any sound from the Nansan Police Station’s living safety, and the security of the C Public Security Center’s police officer, or demand that I would like to see that I would regulate the police singing, and that I would be free to express, even if I would be free to express.”

Therefore, the above D attempted to restrain the Defendant from disturbing the Defendant’s disturbance, and the Defendant saw that he had flabed the flaps of the above D and arrested him for the purpose of obstructing the performance of official duties. However, the Defendant obstructed the police officer’s lawful performance of duties concerning the maintenance of order and arrest of flagrant offenders by balping the flab with the flabing of the above D’s flabbbbbb, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D and F;

1. Each police statement of D (number 1, 10);

1. Each statement of E and F;

1. The application of statutes to the police officer’s internal investigation report, related photographs, field documentary evidence video (No. 6), four photographs (No. 8), victim’s wood and body photo [the defendant’s act was unlawful in the performance of the police officer’s official duties, and his act constituted self-defense or legitimate act. However, in light of the developments of the instant case acknowledged by each of the above evidence, it cannot be deemed that the police officer’s performance of official duties was unlawful, and the defendant’s act constitutes self-defense or legitimate act cannot be deemed as legitimate act];

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area (6-1 year and April) of the obstruction of performance of official duties (finite of June and 1 year) (finite of sentence] (finite of sentence] is disadvantageous: The defendant gives a bath to the police officer of the old age who was called as noise report by the defendant, and takes a bath.

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