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(영문) 수원지방법원 여주지원 2016.11.09 2016고단941
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 23:10, 2016, the Defendant was unable to avoid disturbance over about 20 minutes, such as interfering with his duties, leaving the beer’s disease on the ground that the Defendant was making a horse-friendly dispute with the Defendant’s women at the above main points, and leaving the beer’s beer’s beer’s beer’s beer’s beer’s beer, who was on the top of the said main points, and taking the iron beer’s beer’s beer’s beer at the front of the said main points.

Accordingly, the defendant interfered with the victim's main role operation by force, and damaged the victim's main role in the market price.

2. At around 23:40 on August 12, 2016, the Defendant: (a) was arrested as a flagrant offender to the police officer F of the Gyeyang Police Station, who was called out after having been reported 112 at the place indicated in the foregoing paragraph (1) at the place indicated in the foregoing paragraph (1); (b) was arrested as a flagrant offender; and (c) was carried out to the E box located in Gyeyang-gun G.

On August 12, 2016, at around 23:55, the Defendant assaulted the above H by a police officer, who works for the above Embox, to restrain the Defendant from smoking within the toilet of the first floor of the police box, on the ground that the police officer, who works for the above Embox, prevented the Defendant from smoking.

Accordingly, the defendant interfered with the proper execution of official duties concerning the maintenance of order and the management of the defendant arrested in the police box.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, the choice of punishment for the crime, Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for the sentencing of Article 62-2 of the Criminal Act on probation, community service, and order to attend a lecture, the obstruction of performance of official duties shall be limited to the scope of punishment of obstruction of performance of official duties.

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