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(영문) 수원지방법원 안산지원 2016.09.30 2016고단1889

공무집행방해등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 02:50 on May 20, 2016, the Defendant assaulted “D convenience store” in front of “D convenience store” located in Singue C, and inflicted an injury on a police officer, such as catum fatum fat, in order to prevent an interest of the Defendant who was dispatched by G(28 years old) of the F District Team of the Singue Police Station, G (28 years old) who was called for 112 after receiving a report, and thereby prevented the Defendant from committing further violence, thereby blocking the police officer’s legitimate performance of duties concerning the prevention of the crime, and at the same time interfered with the victim’s legitimate performance of duties, and for the victim’s medical treatment for about two weeks, such as catum fatum fat.

On May 28, 2016, the Defendant, on May 28, 2016, 201: (a) around 01:48, the 201:48 Sincheon-ro, Sincheon-ro, 404, the Defendant, while under the influence of the Defendant, was unable to hold his body and was at the time when the Defendant was faced on the back of the victim’s vehicle, was at the right side of the victim’s H (40 years old) and the face and arms of the victim’s h are taken once every time on the right side of the victim’s vehicle, and the Defendant, in his hand, sustained the victim’s chest by walking the victim’s left side side buckbuck, and caused the victim’s injury, such as the Haak-do dumum sp, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act (the point of harm);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Crimes 1 (Assault) of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence, which are the basic area (from April to one year and six months) (in the case of general injury) of Type 1 (the scope of recommended punishment) of the Act on the Suspension of Execution, the basic area (in the case of April to one year and six months) of the Act on the Suspension of Execution of Official Duties (the scope of recommended punishment) (in the case of interference with the performance of official duties) (the scope of recommended punishment).