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(영문) 춘천지방법원 원주지원 2017.10.20 2017고단737
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 1, 2017, at around 04:40, the Defendant: (a) was arguing with the Defendant who was in dispute with the Defendant, prior to the Defendant’s main shop in the Hanju-si, C; and (b) obstructed the Defendant, who was called up upon receiving a report from 112, seeking to keep the Victim F, a light captain belonging to the Kunju E District Police Station E District of the Kunju Police Station, to escape the said D; (c) asked the Defendant about the circumstances of the instant case; and (d) put the Defendant at the floor, who was the victim’s market value, which was the victim’s possession while taking the bath, and laid down the sping of the said pocketbook on the floor.

Accordingly, the defendant damaged the property owned by the victim.

2. 공무집행 방해 피고인은 위 제 1 항 기재 일시, 장소에서, 위 원주 경찰서 E 지구대 소속 경장인 F이 위와 같이 피고인을 제지하면서 피고인을 상대로 사건 경위를 묻자, 욕설을 하면서 위와 같이 F 소유의 수첩을 빼앗아 그 곳 바닥에 집어 던지고, 주먹으로 위 F의 어깨 부위를 1회 때리고, 이를 제지하는 같은 소속 경위 G의 오른쪽 정강이 부위를 1회 걷어찼다.

As a result, the Defendant interfered with police officers' legitimate execution of duties concerning the prevention and investigation of crimes and the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. Application of Acts and subordinate statutes to report the occurrence and arrest of an accused case, such as interfering with official duties;

1. Article 136 (1) (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act concerning conceptual concurrent crimes (this refers to crimes of obstructing the performance of official duties by police officers);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The first crime (Interference with the execution of official duties) of the sentencing criteria (the scope of punishment recommended) shall interfere with the execution of official duties;

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