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(영문) 수원지방법원 안산지원 2015.09.03 2015고단2112
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 18, 2015, around 10:05, the Defendant argued that the police officer D, who belongs to the Cpublic Security Center, requested the above E to produce an identification card in order to crack down on the Plaintiff’s cigarette butter, his father, and that D, who is the captain of the Defendant, told the Defendant “I am to do so. I am to do so.” On the other hand, the Defendant was released from the above E, and there was assaulted that D’s bucks bucks bucks bucks bucks buck, etc., as he puts the arms to the above D and walked the above D on several occasions.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the control of basic order.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the prosecution protocol on the defendant's interrogation (in particular, the part stating to the effect that "the suspect at the scene of the crime of this case was a public official, and the clothes in uniform were the same as the public official)

1. Part of the police interrogation protocol against the defendant (in particular, the police officer knew that he was the police officer. The police officer stated to the effect that he was aware of the defendant's father and talked about his official duty. The police officer stated to the effect that he was the same that he was a police officer with no electrical character."

1. Statement of D police statement;

1. A written statement;

1. To make a report on internal investigation (F phone search for witnesses);

1. 12. Receipt and recording of reports; and

1. Application of related Acts and subordinate statutes;

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

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months). In the case of the crime of this case, in light of the specific progress of the crime of this case, the nature of the crime and the circumstances of the crime are not good. The defendant, who denied his criminal act by an investigative agency, was admitted to his act but when he reached this court, he is the victim.

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