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(영문) 수원지방법원 2017.01.18 2016고단6945

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 1, 2016, the Defendant assaulted the Defendant at the 'C Marart’ store located in Mad Co., Ltd. on November 18:03, 2016, by having the Defendant, who wanted to pay the price for the goods, he did not have a franker, but moved to another her job according to other accounts. The Defendant was sexually assaulted with the victim D and fluened fluened fluened fluened flus by the victim.

2. On November 1, 2016, at around 18:11, 2016, the Defendant obstructed the performance of official duties, at the parking lot of the said “Cart” store, the Defendant: (a) 112 was reported and sent to the site; (b) was able to listen to the circumstances of the instant case under paragraph (1) by a police officer, etc., working for the police station Ebbbbbbbbbbox, etc., who was sent to the site; and (c) 1) 3) 3) 1) 1) 1) 1) 2) 2) 2) 3)

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to data from CCTV photographs;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

1. Selection of imprisonment with prison labor chosen;

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. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended execution of the punishment of crimes No. 1 (Interference with the Execution of Official Duties) (Scope of Recommendation) (Scope of Punishment), the basic area of crimes No. 1 (Interference with the Execution of Official Duties) (In June to January, 1) (No person subject to special sentencing) (No person subject to special sentencing) [the scope of the recommended punishment] of the basic area of crimes No. 1 (In December to October) (the scope of the recommended punishment), the basic area of crimes No. 62(1) (the special sentencing person) [the scope of the final sentencing pursuant to the aggravated punishment] of crimes No. 62(1) (Article 62(1) of the Criminal Act: six months to September, the decision of the sentencing sentence of the defendant was made in June: the background leading to the crime in which the defendant committed the crime; the degree of damage and injury caused by the crime committed by the defendant; the defendant’s attitude after the crime was committed (no agreement with the victim); the defendant’s attitude and his previous crimes (no.