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(영문) 전주지방법원 2016.02.04 2015고단1612
공무집행방해
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

Criminal facts

1. On September 5, 2015, the Defendant: (a) in the “D Investigation Records 35 cafeteria” located in Seojin-gu Seoul Special Metropolitan City on September 13:28, 2015, the male-friendly job offering E, who had drinking together with the Defendant, takes the disturbance in the said restaurant, and (b) the circumstances in which G belongs to the F District of the Police Station F District in the Seoul Special Metropolitan City on the day before he was arrested as a flagrant offender and takes the disturbance out of the restaurant, and (c) G;

C. G’s hand and arms are added to h’s hand and h’s hand, and the h’s hand and h’s hand are used as h’s hand, and the h’s hand and h’s hand and h’s hand and h’s hand, which continued to restrain the h’s hand and h’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and escort of police officers.

2. On September 5, 2015, the Defendant sent the right face of J to the Bana on the ground that the Defendant, who was arrested as a flagrant offender due to the suspicion described in paragraph 1, was smoking at the F District District of the Jeonjin-gu Police Station of the Jeonjin-gu Seoul Special Metropolitan City on September 5, 2015, and on the ground that the circumstances in which the said Bana was affiliated, J(J) proposed to take out of the earth, and opened a corrected glass door.

Accordingly, the defendant interfered with legitimate execution of duties to monitor and protect the suspect of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, J, G, and K;

1. Lritten statements;

1. Application of each letter of opinion, photographic statute;

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

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) that a defendant who has no record of punishment repents his/her mistake, deposits KRW 200,000 in the future of G and H, and Article G and H appears to have been

1. The community service order under Article 62-2 of the Criminal Act;

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