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(영문) 전주지방법원 2014.10.02 2013고단1368
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 01:10 on April 20, 2013, the Defendant was arrested on the ground that the Defendant did not pay a fine of KRW 1.45,00,00 for the Road Traffic Act at the Dansan Police Station Dansan Police Station.

On April 20, 2013: (a) around 03:18, the Defendant: (b) on April 20, 2013, entered the metropolitan detention room of the Jeonak-gu Police Station, the police officer, etc. belonging to the Jeonak-gu Police Station, who manages the custody of the custody of the custody of the custody of the custody of the custody of the defendant, “I am, Chewing. I am in my inner violence; and (c) I am in my own name. I am my my life at any time. I am am me in my part. I am my part. I am my part of my my my part. I am my part of my part. I am my part of his death. I am my part of his imprisonment. I do not am my part of my part. I do not am my part of my part of my own imprisonment.” From around 06:35 on the same day, the Defendant continued to take a large voice and intimidation in his detention of the police officer, etc. and interfere with legitimate execution of public duties.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement about C, D, E, and B;

1. Each and each investigation report (related to attaching photographs at the time of interference with the suspect's duties within the detention room and related to attaching CCTV images to the suspect's CCTV);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Although the nature of the instant crime, which interferes with the execution of duties by police officers for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “consceptive circumstances”), is not somewhat weak in light of the social nature of the instant crime, the content of the instant crime, and the degree of obstruction of performance of official duties, etc., the Defendant is sentenced to punishment by taking into account the following circumstances: (a) the Defendant did not have the same criminal records; (b) the Defendant was aware of his/her mistake at an investigative agency; (c) the Defendant was tried without the Defendant’s appearance due to unknown whereabouts of the Defendant

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