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(영문) 수원지방법원 성남지원 2018.03.28 2017고단3086
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

around 22:55 on October 5, 2017, the Defendant: (a) received 112 report from the 106 front parking lot of the Danam-gu Da apartment building 106, Sungnam-gu, Sungnam-si, that the Defendant damaged the vehicle and was sent to the site, and (b) took a warning against the police officer belonging to the D District Police Station of the Gyeonggi-nam Police Station D District, the Defendant sent to the site, and (c) took a warning to the above E as his hand, and (d) took a bath again to the above E, and (e) took a warning to the effect that the said E may be punished for interference with the performance of official duties from the above E, and (e) assaulted the chest of the above E with his finger and her finger.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. G statements;

1. The investigation report (the sequence 5 in list of evidence);

1. Investigation report (verification of on-site CCTV images) (The defendant and his defense counsel merely carried the defendant to a police officer, and did not commit any assault identical to the facts stated in the judgment;

However, in light of the following circumstances acknowledged in accordance with the aforementioned evidence duly adopted and investigated by this court, the police officer made a detailed and detailed statement about the details and details of the assault committed by the police officer, such as a place corresponding to the investigation agency from this court to this court, consistent with the statement, and reasonable explanation in light of the empirical rule, and the CCTV image on the site at the time corresponding thereto, can be sufficiently recognized.

Therefore, the above argument shall not be accepted] Application of the law

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall interfere with the execution of official duties;

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