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(영문) 의정부지방법원 2014.09.29 2014고단2858
공무집행방해등
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who operates C, a food material distributor.

On August 13, 2014, at around 20:00, the Defendant appeared to have observed the direction that F, an employee of the above company, was controlled by G police officers belonging to the transportation control department of the Goan Government Police Station, on the suspicion that F, an employee of the above company, was able to wear a safety appearance and drive Otoba, on the basis of the fact that F, an employee of the above company, had driven Oba.

The Defendant demanded the above G to take a line in the course of the crackdown, but the Defendant was refused, and she laid down on the floor by putting off the safety appearance worn by referring to “singing down dar dark,” “sar dar dar dar dark,” and cutting off the cellular phone used by her hand for the purpose of vegetable work, cutting down the chest part of G by saring it several times and cutting down about 10 meters later from her hand, and cutting down the G over the floor by tightly pushing it down.

As a result, the Defendant interfered with the legitimate execution of duties by police officers, and at the same time put the victim G(33 years of age) a part of the elbbow in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Each statement of H and I;

1. An injury diagnosis certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area of the obstruction of performance of official duties (6-1-4 months) (6-1-6 months) (no person in charge of obstruction of performance of official duties) shall be sentenced to imprisonment with prison labor for six months, the defendant, for two years of suspension of execution, took a bath for police officers in the performance of official duties, drop their cellular phone, harming their cellular phone, used violence, and the police officers suffered bodily injury. Therefore, the punishment should be strictly imposed.

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