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(영문) 수원지방법원 성남지원 2017.09.28 2017고단2117
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 1, 2017, the Defendant: (a) received a 112 report from the police officer in front of the C cafeteria located in Hanam-si B on July 2017, 201; and (b) received an inquiry from the police officer F who was called to the site to ask questions about the circumstances of the instant case from the police officer of the Hanan Police Station E division of the Nan Police Station, who was called to the site, and was asked by the police officer of the E division of the Nannam Police Station on July 1, 2017.

"A police officer requests the above G to show his/her identification card as he/she gets off two times with his/her fingers, and to produce his/her identification card as he/she prevents the Defendant, and to receive his/her police officer's certificate from G, and to not return it to G." The police officer's bit bit bit bit bit bit bit bit bit bit bit.

The term "domination" was carried out by hand with the chest and shoulder of G.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The act of obstructing the performance of official duties by assaulting a police officer performing a legitimate official duty with the reason of sentencing under Article 62-2 of the Criminal Act is not against the nature of such crime;

However, in consideration of all the sentencing conditions, such as the fact that the defendant is against himself and has no previous conviction exceeding the fine, etc., the punishment shall be determined as per the order.

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