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(영문) 수원지방법원 2013.04.10 2013고단118

공무집행방해

Text

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

except that 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

On January 8, 2013, at the street in front of the restaurant C, the Defendant: (a) was urged by the Defendant to return home from the police officer F and G belonging to the Yandong Police Station E Zone E-gu of the Yandong Police Station called the above police officer; (b) was able to take a bath to return home from the said police officer after receiving a report that the Defendant walked the above restaurant standing signboards under the influence of alcohol, such as taking a bath to the said restaurant D; and (c) was assaulted by the Defendant, i.e., at one time by drinking, at the face of G, at one time at head, and at one time by drinking F’s buck.

Accordingly, the defendant interfered with the legitimate execution of duties on the protective measures of the police officer under the Act on the Performance of Duties by Police Officers.

Summary of Evidence

1. Statement of a defendant in the first protocol of trial;

1. Statement of the police statement related to F and G;

1. Damage photographs;

1. Application of Acts and subordinate statutes to opinions of doctors;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Although there are many kinds of fines for the reasons for sentencing of Article 62(1) of the Criminal Act, obstruction of performance of official duties shall be determined by comprehensively taking into account the following facts: (a) although the case was first committed by the defendant; (b) the degree of assault by the defendant is serious; or (c) the victims cannot be seen as being significantly injured by the violence of the defendant; (d) the defendant lives with ties with his family; and (

It is so decided as per Disposition for the above reasons.