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(영문) 전주지방법원 정읍지원 2015.12.15 2015고단570
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 6, 2015, at around 16:30, the Defendant: (a) under the influence of alcohol, sent the temporary signboard of the Deputy Commissioner of the taxi in Gyeonggi-do, and (b) moved the parked taxi to another Cpublic security center, where two persons, such as D, who received a report on his/her failure to drive, such as cutting off and cutting off the taxi with his/her hand. (c) On November 6, 2015, the Defendant voluntarily moved the parked taxi into the seat of the patrol vehicle.

At around 16:40 on the same day, the Defendant: (a) reported the content of the report to the reporter in the Jung-Eup Police Station B District C Public Security Center located in Jung-gu, Jung-gu; (b) took a bath for the reporter to listen to the report; and (c) obstructed the police officer’s legitimate performance of duties regarding the handling of the report of the case, by taking two times the left-hand knee of D to the left-hand knee of D, for the following reasons: (a) the reporter and consulted to “I wish to do so, and enter the house.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A report on internal investigation (in addition to photographs inside the Cpublic Security Center), - Photographs;

1. Investigation report (Attachment of CCTV photographs at the time of assault by a suspect) - CCTV photographs;

1. Investigation Report (the time of CCTV inside the Ch security center and current time comparison) - Application of photographic 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. Considering that the nature of the instant crime under Article 62(1) of the Criminal Act is not good, Defendant should be punished strictly. However, the fact that Defendant appears to have committed the instant crime in a state of deception, the fact that Defendant appears to have committed the instant crime in a state of deception, the fact that Defendant was fully aware of and attempted to commit the instant crime from the time when he was investigated after drinking, and that there was no other criminal record except for a fine once due to the instant crime, and the circumstances, means and consequence of the instant crime, the circumstances following the instant crime, age, occupation, character, and behavior.

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