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(영문) 수원지방법원 2019.11.21 2019고단6107

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On June 29, 2018, the Defendant sentenced the Suwon District Court to ten months of imprisonment with labor for the crime of interference with business, etc., and completed the execution of the sentence on March 10, 2019 by the Sungsung Vocational Training Correctional Institution.

【Criminal Facts】

At around 17:50 on October 12, 2019, the Defendant avoided disturbance, such as: (a) the Defendant committed a disturbance, i.e., e., assaulting for about 10 minutes to the police officers, etc. belonging to the Suwon Police Station D District Unit, who were called up after receiving 112 a report, for approximately 10 minutes; and (b) the Defendant committed assault upon E’s her head to the middle part of E on the same day.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A criminal investigation report (including a subsidiary photograph of the attached victim);

1. Previous convictions indicated in his/her judgment: Criminal records, US records and results of confirmation, and application of Acts and subordinate statutes to report criminal investigations (verification of repeated power);

1. The relevant Article of criminal facts, Article 136(1) of the Criminal Act regarding the selection of punishment, and the reason for sentencing imprisonment with prison labor is that the instant crime was committed by a police officer who wears uniforms and takes a bath to the police officer in charge of maintaining social order, and uses violence, and the nature of such crime is not somewhat weak.

In addition, the defendant has been punished for the same obstruction of performance of official duties, and there are several records of being punished for the same kind of assault or bodily injury.

In addition, the crime of this case was committed during the period of repeated crime.

However, the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment and circumstances after the crime, shall be determined as ordered by considering the fact that the defendant's mistake is recognized, and the punishment shall be determined as ordered.