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(영문) 의정부지방법원 2014.03.13 2013고단3809
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

except that 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

On September 23, 2013, the Defendant: (a) around 01:40 on September 23, 2013, at the Government-dong 14-12, the Defendant came to go through “Yan Park,” and (b) C, and (c) had another person D to restrain it.

In order to prevent E, a police officer belonging to the Speaker Police Station, who was reported on the above case, from approaching the defendant and D, the defendant's defect, and the defendant stated that E "I want to kill, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, flick, and interfere with the legitimate performance of official duties concerning the handling of reports by police officers E by force.

Summary of Evidence

1. Each legal statement of witness E, D and C;

1. Each police statement of E, D, and C;

1. Application of Acts and subordinate statutes to victim E photograph;

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

1. The Defendant, as stated in the facts of the crime, did not take a bath to the police officer’s assertion as to the Defendant and his defense counsel’s assertion under Article 62(1) of the suspended execution of the Criminal Act, but took a bath to the other party’s behavior at the time. The Defendant alleged that the Defendant’s chest was not pushed or teared by hand. However, in full view of the evidence duly examined and adopted by the court, the following facts are as follows: ① around 01:40 on September 23, 2013, the Defendant was under the influence of “Yeyang Park” at the Government-dong 14-12, the Government-dong 14-12, the Government-dong 14-2, the Defendant was under the influence of drinking. ② The Defendant was requested to assist the other Ra, who was outside the police station, and ② the Defendant was not superior to D, and the Defendant was under the demand of the police station to live in the 1st century.

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