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(영문) 수원지방법원 안산지원 2017.06.08 2016고단4428

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 24, 2016, around 21:55, the Defendant: (a) opened the door late on the ground that the Defendant and the Victim C resided in Ansan-si, an Ansan-si, where the Defendant and the Victim C have drinking alcohol to himself/herself; and (b) opened the door late on the ground that the victim had drinking alcohol at a late time; (c) opened a cell, thereby damaging one of the mobile phones of the Defendant and the Victim’s co-owned market prices.

2. The Defendant: (a) received 112 reports at the time and place specified in paragraph (1) above; and (b) committed assault against the Defendant by walking the F F’s bucks and the bucks and the bucks of the bridge, as the slopeF affiliated with the Ansan F Police Station E box called out, prevented the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A medical certificate;

1. Each photograph;

1. Application of Acts and subordinate statutes to report internal investigation (the details of mobilization, reasons for arresting flagrant offenders, etc.);

1. Relevant Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act (the point of destroying property) and the choice of imprisonment with prison labor for a crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the first crime (Interference with the performance of official duties) [the scope of recommending punishment] and the second crime (damage) with no special sentencing person [the scope of recommending punishment] in the mitigation area (one to six months), the mitigation area (including one-six months), the mitigation area (including a serious effort for recovery of damage), or the final sentencing scope according to the majority aggravated punishment in the event that a significant damage has been restored, the scope of punishment pursuant to the majority aggravated punishment is limited to the crime of obstructing the performance of official duties (the decision of sentencing] from six to one year (the decision of suspension of performance of official duties and coercion of duties). The crime of obstructing the performance of official duties of this case is committed by the public authority, and it is necessary to strictly punish the crime for the establishment of legal order.

A assault made to police officers;