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(영문) 전주지방법원 2014.09.18 2014고단845
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2014, the Defendant was voluntarily fluored in the B District District of the Taejin-gu Police Station in Seoul Special Metropolitan City due to the case of assaulting a taxi driver by being a trial cost at the taxi expense around 04:10 on May 6, 201.

At around 04:55 on May 6, 2014, the Defendant: (a) spited the Defendant’s name and resident registration number in a zone B district in Geumcheon-gu Seoul Special Metropolitan City, Geumcheon-gu, Seoul Special Metropolitan City; (b) spited it on the earth’s floor; (c) spited the Defendant with a large amount of sound that the Defendant would be aware of the name and resident registration number; and (d) again demanded the Defendant to pay the taxi expenses, the Defendant spited the above D’s shoulder on three occasions, flicked the shoulder, flicked with flick, flicked, flicked, flicked, flicked, and flished the Defendant with three times the shoulder of the said D’s shoulder, and attempted to flish the Defendant with the flick, flished, flished, etc. on the floor.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and D;

1. Investigation report and report on the use of police gear;

1. Application of field statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Although the nature of the crime in this case, which performs the duties of police officers with the reason of sentencing under Article 62-2 of the Social Service Order Act, Article 59 of the Probation Act, is not weak in light of the social character of the crime in this case, the content of the crime in this case, and the degree of obstruction of performance of official duties, etc., the defendant shall be sentenced to punishment in consideration of the following circumstances: (a) the defendant has no same criminal records; (b) the defendant has committed the crime in this case under the influence of alcohol; (c) the defendant has committed any contingent act under the influence of alcohol; (d) the defendant's late or late

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