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(영문) 수원지방법원 2018.09.13 2018고단4054

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

[Criminal Records] On June 28, 2018, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to the crime of injury to the Defendant’s existence, and two years of suspended execution, and the judgment became final and conclusive on July 6, 2018.

[2] On April 19, 2018, at around 22:30, the Defendant: (a) 112 reported that domestic violence occurred on the roads 27 odern apartment units located in the jurisdiction of Suwon-si, Suwon-gu, Suwon-gu, Seoul-gu, the Defendant: (b) obstructed E’s shoulder by hand in order to hear the statement of H by separating the Defendant and the Defendant’s his/her his/her his/her his/her his/her his/her his/her father; (c) opened the back patrol in order to hear the statement of H; (d) opened the front door of the patrol in order to prevent the progress of the patrol car by expectationing the front door of the driver’s seat; and (e) committed assault by the Defendant to have the said police officers move to another lane; and (e) obstructed the Defendant’s chest by having him/her move to the latter two-lanes of the F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. H of each police statement made to F, H, and I, and photographs of a police officer affected by a report on internal investigation in each statement made by the I;

1. Previous convictions in judgment: Application of the previous convictions in disposition and the text of the judgment;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances unfavorable to the defendant for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter, taking into account the circumstances favorable to the defendant among the reasons for sentencing): The nature of the crime is poor in light of the background, method, etc. of the crime committed by the police officers dispatched upon receiving a report of domestic violence and obstructing their official duties by exercising violence. The circumstances favorable to the defendant are recognized and depth reflects the fact that there was no record of punishment at the time of the instant crime. One victim police officer was the Defendant’s preference.