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(영문) 수원지방법원 2013.06.26 2013고단1476

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 25, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of interference with business, etc. by this court on April 25, 2012, and the judgment became final and conclusive on May 7, 2012 and is still still

On February 26, 2013, the Defendant was subject to the disposition of returning home by a slopeF belonging to the Sungsung Police Station Eaccom, which was called out after receiving a report while being breading a drunk breath at the Dju point located in Masung-si.

The Defendant, while moving to a patrol vehicle and returning back to Korea with F, was in front of a police box located in C while the Defendant was in motion to board and return to Korea with F, took a bath to F, and assaulted F with F, by using her hand, such as her blick at one time, her blick, continuing to display his arms, and her blick.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning F;

1. Criminal report and investigation report;

1. Previous records: Criminal records, etc. inquiry reports and investigation reports (applicable to the same type of criminal records and attachment of judgment) Acts and subordinate statutes;

1. The Defendant committed the instant crime during the period of suspension of execution despite the fact that the reason for sentencing under Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act for the pertinent criminal facts and the choice of punishment had the record of serving several times of punishment, including the same criminal record, and the Defendant committed the instant crime during the period of suspension of execution. The act of assaulting and threatening a police officer in the course of performing official duties is highly likely to cause such danger and social criticism, and even if it is not against the Defendant

However, the degree of assault is relatively minor, and the motive, means and result of the crime of this case, the circumstances after the crime of this case, the age of the defendant, character and conduct, family environment, etc. shall be determined by comprehensively taking into account all the sentencing conditions in this case.