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(영문) 창원지방법원 2015.04.28 2014고단3519
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

The defendant is a member of D, who is located in the Busan Geum-gu.

On September 25, 2014, around 13:50 on September 25, 2014, the Defendant, at the entrance access road of Seongbuk-gu, Seongbuk-si, Sungwon-si, the Defendant, as well as at the entrance access road of the Gice (definite: H): (a) as well as at least 300 other cares and Drindo 300s to enter F; and (b) as there are more than 150 new and opposite Frindo 150 persons, the Defendant could no longer proceed to the police movement that was located in order to prevent physical collisions on both sides.

At around 16:20 on the same day, the Defendant: (a) 16:20 on the same day, the Defendant saw the brucing of the brush cited by the police brucing with the brucous hand; (b) sent the Defendant a warning that “the police officer belonging to the Changwon Police Station” means “the brucing of the act falling under the obstruction of performance of performance of official duties; (c) whether the bruc was F and the brucing of the f and the frucing of the frucing; and (d) assaulted the I’s chest part 2:3 times, and the 3-4 times the frucing part of the frucing part.”

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to J and K;

1. Application of Acts and subordinate statutes 5 copies of a criminal investigation report (determination of the current status per case, attachment of photographs, attachment of a video file at the scene of crime, CDs, etc.), and photographs;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. In order to establish the legal order of the country of reasons for sentencing under Article 62(1) of the Criminal Act and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties.

However, the defendant acknowledges the crime of this case and reflects his mistake, and there is no history of criminal punishment, GNsnter is legitimate to enter F in order to perform F's duties by the court's decision of provisional disposition.

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