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(영문) 전주지방법원 2017.02.17 2016고단2517
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 October 19, 2016, the Defendant: (a) around 14:44 on October 19, 2016, on the street in front of the D convenience store located in Yasan-gu, Jeonju-si, the Defendant: (b) reported on 112, and sent to the site by the assistant F, who belongs to the police station E box of the Busan Police Station, sent to the site, was aware of the details of the report; and (c) the police officer took part in the perception that only the reporter took part in the report.

The defendant shows his ship to the Assistant F, and “this pleas may be with any pleasia;

A police officer took a bath to “I will not see to us, I will do so, I will do so without permission,” and the above F will interfere with a police officer’s legitimate performance of duties concerning the prevention of crime and the maintenance of order.”

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. A criminal investigation report (or speech and behavior and absence of a witness);

1. Application of each statute on photographs;

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 for observation of protection;

1. The basic area (referring to six months to one year and four months) of the sentencing criteria shall interfere with the execution of public duties;

2. Crimes that interfere with the performance of official duties are not good due to unfavorable circumstances to the determination of sentence, which interfere with the exercise of legitimate public authority.

A favorable circumstance is that the defendant recognizes the crime of this case and the degree of violence is relatively minor.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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