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(영문) 전주지방법원 2017.08.25 2017고단1137
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2017, the Defendant tried to board a vehicle for the foregoing type of business without permission, while taking an investigation with the main owner of the workplace as the day he / she puts a plaque at the main station located in the Jeonsan-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) on March 21, 2017 at the Jeju Special Metropolitan City Police Station D Special Metropolitan City D Special Metropolitan City Police Station D Special Metropolitan City (hereinafter “D Special Metropolitan City”). Accordingly, the Defendant was released from E in the circumstances in which the said D Special Metropolitan City was affiliated.

Defendant E: (a) Irre, to the Inspector, whether or not he is in the position of

Does the police called Doese;

Shee died on one side, knife ma, “I ambling E, while taking a bath, and pushed off the breast part of the person’s chest with the spath of drinking, and the knife.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of public peace and order, such as the protection of the lives and bodies of the people of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (referring to accompanying a person suspected of committing an offense to the police station and the details of arrest of flagrant offenders, and use of outfits);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The basic area (referring to six months to one year and six months) of the sentencing criteria shall interfere with the examination of the sentencing criteria (the scope of recommended punishment) and the execution of official duties;

2. A crime obstructing the performance of official duties due to unfavorable circumstances to the determination of sentence requires the following: (a) the nature of the crime is not good to obstruct the exercise of legitimate public authority; (b) the degree of tangible power exercised by the defendant is not less than that of the defendant; and (c) the defendant has the history of having received criminal punishment for

The favorable circumstances include the fact that the defendant recognizes the crime of this case, and that the above damaged public official does not want the punishment of the defendant in consultation with the victimized police officer.

. The above.

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