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(영문) 수원지방법원 안양지원 2014.05.30 2014고단512

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 04:40 on March 28, 2014, the Defendant: (a) at the residence of the Defendant in the commercial house located in Si of Mapoposi, 501; (b) on the ground that the entrance of the said house was broken out, the Defendant she was the owner and the lessor of the said house and his/her spouse, who was dissatisfied with D who was living in subparagraph 301 of the said house on the ground that the entrance of the said house was broken out; (c) on the ground that he/she was living in the said house and his/her spouse, he/she was able to open the entrance of his/her residence in order to resist the said D and E; and (d) upon receiving a report from the resident of the said 502 Siposi Police Station, he/she called the Defendant out of the said house, and tried to use the said G and H with his/her view, “The foregoing G police officer continued to kill the said E, with his/her his/her superior, and with his/her finger, she throw away his/her finger,” and throw away his/her share.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Legal statement of witness G;

1. Each police statement of H and E;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes on video files;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

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

1. Imprisonment with prison labor chosen;

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Although the reasons for sentencing under Article 48(1)1 of the Criminal Code of Confiscation are not minor, the degree of direct exercise of force by police officers is not significant, there is no criminal record other than once a fine due to a violation of the Punishment of Minor Offenses Act, and approximately two months.