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(영문) 수원지방법원 성남지원 2015.06.12 2015고단614

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 23:00 on March 16, 2015, the Defendant expressed a bath to the police officer D, who is a police officer belonging to the Gyeonggi-Nam Police Station C District, which was dispatched to the site after receiving a report of 112 on March 23:0, 2015, and sent to the site, and drinkingly, took once a part of D’s face, and taken once a part of D’s face, and taken once a part of D’s back back, and he was prevented from receiving from E who was dispatched to the same police officer, “we are to go to, and to this end,” and the Defendant took the part of E’s part one time in drinking, and then took the part of E’s part into the hand floor.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reported handling.

2. On March 16, 2015, the Defendant: (a) was arrested in the act of committing an act in the line of duty and was transferred to the Hanam Police Station C district located in the Hanam City, Hanam-si, and was sitting in the atmosphere; (b) took a bath to the effect that “the fluence of death, fluence,” “the fluence of this fluor,” and the victim E was found to have any defect in recording the victim’s face using a cell phone on one occasion; (c) obstructed the legitimate performance of duties by the police officer, and at the same time interfered with the victim’s right performance of duties for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations: Imprisonment with prison labor for not less than six months nor more than two years and two months;

(a) Class I crime (Assault): In cases of a person who is in the basic area (from April to January), the basic area ( from April to June): Special mitigation ( from April to June): In cases of minor injury (pact No. 1 and 4) / In cases of obstruction of performance of official duties;

B. Second offense (Obstruction of Performance of Official Duties): Type 1 (Obstruction of Performance of Official Duties).