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(영문) 수원지방법원 2019.10.18 2019고단2532

특수공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten 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 00:40 on March 17, 2019, the Defendant: (a) received domestic violence 112 reports in Suwon-gu B apartment C, Suwon-gu, Suwon-si, and received domestic violence 112 reports, and (b) taken measures separate from G female living together; (c) G requested the above police officers to “I am out of house,” and “I am out of house, I am out of house,” and “I am out of house, I am out of house,” and “I am out of house, I am out of house,” which is dangerous things in the kitchen, and obstructed F’s chest with a view to the chest of the police officers once every time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure and evidence;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. It is not good that a crime is committed in the course of confiscation, such as intending to influence the excessive amount in the state of the reason for sentencing under Article 48(1)1 of the Criminal Act.

However, the attitude of reflecting the defendant, such as recognizing the facts as substitute for the defendant and directly finding the damaged police officer, is that there was no record of punishment due to the crime of violence or obstruction of performance of official duties, contingent crimes, and that the defendant appears to have been committed with no purpose of causing serious harm to the actual course. In fact, the defendant's age, character and behavior, career, environment, circumstances and results of the crime, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, shall be determined as the order.