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(영문) 수원지방법원 2015.12.29 2015고단4100

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2015, at around 00:18, the Defendant, who was divingd on the floor of the entrance of the “Dnonasium C” located in Suwon-si, and was urged to return home from F, G, and the police officer of the Suwon-gu Police Station Estation affiliated with the Suwon-gu Police Station, who was called out after receiving 112 a report, provided that “I am home” to F, G (35 years old), “I am out, cut off, I am back, I am back, I am again, and continuously provided a bath for the Defendant.”

Accordingly, G's solicitation to return to the defendant while petitioning the defendant was defective, and the defendant was made to go beyond the floor when G's head was a food.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order and at the same time inflicted on the victim G about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to the victim's photograph, injury diagnosis report, etc.;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. The crime of obstruction of the performance of official duties according to the sentencing guidelines for the crime of obstruction of the performance of official duties [Scope of Recommendation] : the basic area (6-1-4 months) of the basic area (6-1-1-4 months) of the obstruction of the performance of official duties (the scope of Recommendation) / the basic area (4-1-6 months) of the basic area (4-1-1-6 months) of the obstruction of the performance of official duties / In the case of minor injuries (1-4 kinds) / the handling of multiple crimes of obstruction of the performance of official duties: the crimes of obstruction of the performance of official duties and the crimes of injury are mutually concurrent crimes, so the sentencing guidelines do not apply as they are.

However, in consideration of the purpose of setting the sentencing criteria, it is necessary to observe the lowest limit (6 months) of the above sentencing criteria.

2. Written decisions of sentence: