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(영문) 의정부지방법원 2016.05.24 2016고단1148
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 3, 2016, the Defendant: (a) around 20:0, Namyang-si, C Apartment-si around 1806, the Defendant did not sit in the top of the F-si operated by E on the same city as D before, and did not locked.

Accordingly, the Defendant demanded that the assistant victim H et al. of the Namyang-ju Police Station G patroler, who was called up after receiving the report of the above E 112, pay the taxi fee and return home by scaming the Defendant, while the above E and the Ha are in place, the Defendant Hahh to the above H:

The purpose of this article is to follow police officers' kis, and kisks to a large interest, such as "westle".

Accordingly, the defendant openly insultingd the victim.

2. On April 3, 2016, at the place of the preceding paragraph around 20:35, the Defendant: (a) obstructed the performance of official duties; (b) when the Defendant was notified by the sloping H of the disturbance to the charge of violating the Punishment of Minor Offenses Act, the Defendant committed assault, such as “I would pay the disturbance to the police station”; and (c) display the flaps of the said H’s flaps to the police station; and (d) flapsing three times to take aboard the patrol vehicle.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A complaint;

1. A report on investigation;

1. Legal provisions applicable to CDs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of two crimes prescribed by a crime of obstructing the execution of heavier public duties);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime of this case that interferes with legitimate police officers’ performance of official duties is not good, and in particular, the crime related to interference with the performance of official duties is a state by nullifying legitimate exercise of public authority.

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