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(영문) 수원지방법원 안양지원 2016.06.03 2016고단552

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, around April 19, 2016, was at the house of her former female-friendly Gu located in king-si, Guang-si around 04:01, and was asked to leave from the her former female-friendly Gu, and the Defendant did not move at the house of her female-friendly Gu even though she was requested to leave from the said her female-friendly Gu.

Accordingly, the above female-friendly Gu infringed on the residence of the child.

12 reported the content of “,” and requested the Victim E (44) and F, a police officer belonging to the Gyeonggi Police Station D Police Station, to arrive in front of the 402 suspender, and to open a door, who is a police officer belonging to the Gyeonggi Police Station D (44) and F.

The Defendant: (a) opened a door upon the above request; (b) opened the door to the victim E; and (c) purchased the victim’s neck with the victim’s left hand on one occasion; (d) continuously avoided the Defendant, and (e) prices the victim’s breast part on several occasions by displaying the victim’s face and chest on several occasions.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases, and at the same time, the Defendant committed a scarcity that requires approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Investigation report (Attachment of a medical certificate of injury);

1. Application of the Acts and subordinate statutes governing CCTV image output;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [unfair circumstances] is not good for a crime committed by assaulting a police officer to perform official duties, and thus, is contrary to the nature of the crime committed by the injured. [The favorable circumstances] that the accused is aware of all the crimes, and there is no record of criminal punishment. There is no history that the accused has been subject to criminal punishment. Deposit of money for the victim [other circumstances], the age, sex, environment, etc.