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(영문) 의정부지방법원 2014.03.20 2013고단4424
공무집행방해등
Text

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

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

(e).

Reasons

Criminal facts

At around 20:00 on November 28, 2013, the Defendant: (a) tried to grasp the background of the assault by G and patrolmen belonging to the F District of the Macheon Police Station F District, which was called out after having received the report from the Defendant on November 12, 2012, at the Defendant’s residence located in Macheon-si C, 101 Dong 1102 (D apartment); and (b) did so to the said police officers by taking the desire to “I am to me, I am to me, I am to me, I am to me, I am the chest part of the said G with his hand; (c) continued to kill the me, and (d) took the view that I am to drink the son and upper part of the instant H, which was called “I am to me, I am to drink.”

Accordingly, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties on handling 112 reported duties.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement related to E, H and G;

1. Photographs of each damaged part of G and H;

1. Application of Acts and subordinate statutes to the results of the recycling of video CDs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant and his defense counsel's claim under Article 62 (1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below);

1. The defense counsel of the defendant's assertion asserts that the defendant's act committed in the course of suppressing the entry of the above police officers does not constitute obstruction of performance of official duties, since police officers forced the defendant to enter the defendant's residence without presenting a certificate to the defendant at the time of the instant case, failing to meet the procedural requirements as an act of official duty.

2. The crime of obstruction of the performance of official duties under Article 136 of the Criminal Code is established only when the performance of official duties is legitimate, and the legitimate performance of official duties here must be within the authority of the public official as well as within the abstract authority of the public official.

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