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(영문) 수원지방법원 안양지원 2015.05.28 2015고단354

공무집행방해

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on January 22, 2015, the Defendant, at the Defendant’s residence in 112, who received a report on the assaulting Da, living together with the Defendant, committed assault against D from 112, who was called out after the Defendant’s 112 report, she was the slopeF belonging to the E District Unit in the Maan Police Station E District and the Gyeongju G, who was called out, called “sing, singing, and ging out the me to find out the inside,” and f’s chest was sealed by hand, and the f’s chest was tightly sold twice by drinking.

Accordingly, the defendant assaulted F and G to interfere with the legitimate execution of duties by police officers in relation to suppression and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each police protocol of statement to D and G

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of recommendations: Imprisonment for not less than six months to not more than one year and four months;

(a) Type 1 of the obstruction of the performance of official duties (in the case of the obstruction of the performance of official duties/performance of official duties).

(b) Where the degree of violence, intimidation, or deceptive scheme, which is a special mitigation, is minor / Where many public officials damaged are damaged;

2. In light of the fact that the defendant in the decision of sentencing did assault against the police officer in the course of performing official duties, the degree of the assault committed by the defendant is relatively minor, the defendant has no criminal power exceeding the fine, and the sentencing conditions such as the age, character, conduct and environment of the defendant shall be determined like the order.