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(영문) 수원지방법원 성남지원 2015.01.16 2014고단2853
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At around 22:00 on September 8, 2014, the Defendant received a report on the fact that the opening of a neighbor's house is sleeped, and received a request from the head of the police station affiliated with the Seongbuk-nam Police Station C district unit of the victim Sungnam Police Station, which called for the prevention of the crime, “In spite of receiving a request from the victim D, it does not comply with this request, and she takes a bath to the victim, and “a police officer may be punished for insult if she takes a bath, and may be arrested as a flagrant offender,” and sent a warning to the effect that “the victim may be punished for insult if she takes a bath to the police officer, and may be arrested as a flagrant offender.” While the head of the Defendant was sealed by the victim’s cell phone in front of the victim’s cell phone, and the head of the police officer E and patrolman called together with the victim, the victim was placed in front of the victim, and the victim suffered an excessive gate beyond the floor and the head of the victim.

The Defendant: (a) arrested the victim as an offender in the act of obstruction of performance of official duties in the course of carrying the patrol vehicle onto the patrol vehicle; and (b) threatened the victim with “a person who prepared for the police with the inside of the inside of the police flick flick flick flick.”

Accordingly, the defendant interfered with the prevention of the crime of the victim, who is a police officer, and the legitimate execution of official duties concerning the arrest of the flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing photographs of victims and damaged photographs;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the defendant had been punished for the same crime, shall be considered to have chosen imprisonment in light of the fact that he/she again committed the crime of this case, but the defendant is against the defendant, and the degree of damage by police officers is not much serious.

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