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(영문) 수원지방법원 2017.02.08 2016고단7514
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant and the injured party B refused to withdraw were married couple who followed the divorce procedure, and they were in separate state.

On September 11, 2016, the Defendant changed from the injured party’s residence Mar. 23, 2016, at the time of Cheongju-gu, Chungcheongnam-gu, Cheongju-si, to the end of the residence of the injured party, to the name of the injured party, to the name of the injured party, and to the window of the injured party’s house.

was demanded.

However, the defendant did not respond to it and did not comply with the demand of the victim for the withdrawal of the victim without justifiable reasons, such as continuing about 10 minutes of the child's name and avoiding the disturbance.

2. The Defendant interfered with the performance of official duties, as described in the preceding paragraph, was arrested as a flagrant offender to a police officer who was called out upon the 112 report, and was brought to the E zone of the Chungcheong Police Station E in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

At around 00:35 on September 12, 2016, the Defendant: (a) expressed the desire to “F, fluent fluent fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor of bitch fluor; and (b) fluor, fluor, fluor of flus

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against F and B;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 319 (2) and (1) of the Criminal Act of the relevant Article of the Criminal Act concerning the facts constituting an offense (the fact of refusing to withdraw) and Article 136 (1) of the Criminal Act (the fact of obstructing the performance of official duties);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act on the suspended sentence are as follows: (a) the scope of recommendations to commit a crime interfering with the performance of official duties [the scope of recommendations]; (b) the basic area (from June to January 4) (no person in charge of special sentencing) of the crime shall be sentenced to the judgment of the defendant; (c) the background of the crime; (d) the situation at the time of the crime; and (d) the degree of damage after the crime.

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