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(영문) 의정부지방법원 2016.06.13 2016고단683
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 21, 2016, at around 03:40, the Defendant: D'D', located in the Namyang-si, Namyang-si, an entertainment drinking room, caused the alcohol alcohol problem; and, upon receiving a report from 112, the Defendant: (a) demanded a slope F, a police officer belonging to the Namyang-gu, Police Station Estation, who was called to the Defendant, to present identification card; and (b) during the process of confirming the circumstances of the instant case, the Defendant, the police officer called to the said F along with the above F, took his own photograph of Gmera on the ground that taking two occasions of the police officer, who was called to the said F, would go against the above main sentence; (b) continuously arrested a flagrant offender under suspicion of interference with the performance of public duties; and (c) assaulted the said FF by using the flab with his hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of H and I;

1. An investigation report (verification of on-site CCTV images);

1. CCTV screen CDs in a main point;

1. Application of the Acts and subordinate statutes to documentary and video CDs by police officers;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence of imprisonment is imposed, taking into account the fact that the obstruction of the execution of official duties by reason of sentencing under Article 62-2 of the Social Service Order Act is a criminal with heavy importance, and the degree of assault is relatively minor, the defendant has no criminal record of a fine five times, but the defendant has no criminal record of the same kind, and the defendant has no criminal record of the same kind, and the conditions of all kinds of sentencing disadvantageous to the defendant, such as the defendant’s age

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