beta
(영문) 수원지방법원 안산지원 2017.01.25 2016고단4854

특수공무집행방해

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a ship of Chinese nationality.

At around 23:00 on January 6, 2014, the Defendant was in front of the Defendant’s house located in C, and upon receipt of a report from the Defendant that the father D was assaulted by the Defendant, the Defendant was in front of the Defendant’s house located in C, and the Defendant was in front of the Defendant’s house. The Defendant was in front of the Defendant’s house, and the Defendant was in front of the Defendant’s wife F, a police officer affiliated with the E District in the Sinung-gu Police Station Ethal in the Sinung-gu Police Station, with the intent to verify the circumstances of the instant case against the Defendant, she was in danger to the Defendant.

다가오지 마라 씹새끼야, 다가오면 찍어 버린다, 개새끼야' 라는 등의 욕설과 함께 위 벽돌을 휘두른 후 불상 지로 달아났다가, 계속하여 같은 날 23:13 경 위 장소에서, 위 F에게 발견되어 위 F가 재차 사건 경위에 대해 확인하려고 하자 노상에 있던 위험한 물건인 고량주 병( 가로 5cm, 세로 19cm) 을 집어 들고 ' 뭘 잘못했냐,

At the same time, it interfered with the legitimate execution of duties by police officers in relation to criminal investigation by assaulting the above large-scale disease by putting it over, and putting it over, such as “to throw off off close strings, close stamping,” etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A copy of the E branch service and the identification card of police officials;

1. Application of Acts and subordinate statutes to photographs of criminal tools, police photographs (to the sponsor of a person who is born);

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Class 1 (Interference with and Forced Performance of Official Duties) in the basic area (the period from June to one year) (the period of special mitigation) (the period of special mitigation (the period of special mitigation) / In the case of serious injury) / In the case of showing the threat of group or multiple force or carrying dangerous objects (the type of one type)

2. The fact that the sentence is against the decision of sentence, and the fact that the police officer in charge does not want to punish is bad.