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(영문) 수원지방법원 2015.09.10 2015고단2672

공무집행방해

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 June 9, 2015, at around 22:30, the Defendant: (a) reported a police officer C belonging to the Suwon Police Station B District, who works in the patrol, in front of the “elbter,” a homeless person’s shelter located in 924, from Suwon-si, Suwon-si, Suwon-si, and (b) went to the direction of the Suwon Station, without any reason, after doing so.

Accordingly, C puts a shoulder on the Defendant’s shoulder, and the Defendant was fluored, and the Defendant committed assaulted C with one hand by using a method such as 2 to 3 second sphering the neck of C with a hand-top, and continuing to do so.

Accordingly, the defendant interfered with legitimate execution of duties by police officers' patrol activities.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each damaged part of the photograph;

1. Relevant Articles of the Criminal Act and Articles 136 (1) and 30 of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person in charge of obstruction of the performance of official duties (6 to 1 year and 4 months) [decision of sentence] The reason for and degree of the crime (e.g., dissipating or undermining the law), the defendant's deposit of KRW 100,000 for C, both the defendant's previous and three cases were punished by a fine or both of the crimes related to violence and the crime related to health conditions, etc. shall be determined as ordered in consideration of various circumstances that meet the sentencing conditions such as punishment.