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(영문) 수원지방법원 2018.12.06 2018고단3957

공무집행방해

Text

Defendants shall be punished by imprisonment for four months.

However, it is against the Defendants for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 29, 2018, at the home of the Defendant’s head of Suwon-si D A Dong 201, the Defendant reported on June 22 and 30, 2018, that he was to conduct marital fighting at the lower floor, and the police officer F of the Suwon Police Station E police box belonging to the Defendant and the Defendant’s wife, who was called up at the lower floor, tried to listen to the statements related to domestic violence by separating the Defendant and the Defendant’s wife B, and “Isknson kn’s head on home.”

In our house, the part of the above H’s timber was tightly pushed by hand, and the chest part of the above G’s chest part was tightly pushed by hand.

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

2. Defendant B committed assault by Defendant B, at the date and time, at the place specified in paragraph 1, F, etc., following the above F, in order to arrest the Defendant’s husband A as a current offender who interfered with the performance of official duties, in order to arrest the Defendant’s husband A as the Defendant’s husband.

In this respect, the police officer's legitimate execution of duties on the arrest of the defendant in flagrant offender was hindered.

Summary of Evidence

1. Voluntary accompanying report by Defendant A on each police’s respective legal statements G with witness G, H, and F, H, and F

1. Application of Acts and subordinate statutes to each investigation report (a list Nos. 5 and 112 of the evidence list);

1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: Article 136(1) of the Criminal Act Article 136(1) of the Criminal Act

1. Defendant A: The Defendants who choose punishment under Articles 40 and 50 of the Criminal Act; the Defendants shall be punished by imprisonment.

1. Defendants on probation: The conditions unfavorable to the Defendants on the grounds of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the Defendants among the reasons for sentencing as set forth below): A crime of using violence to police officers dispatched upon receiving a report of a domestic violence case; Defendant B does not have any serious reflectivity on the crime. A normal conditions favorable to the Defendants: