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(영문) 수원지방법원 2014.12.24 2014고단5734

공무집행방해등

Text

A defendant shall be punished by imprisonment for four 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

1. At around September 16, 2014, the Defendant insultingd the victim of the case by the victim D, a police officer called “C” in Suwon-si, Suwon-si, Suwon-si, who was under the influence of alcohol and was dispatched by the Defendant to check the circumstances of the case. As such, the victim D, a police officer, who was called to the Defendant, was found to have been subject to the said marina business owner and two employees, saying, the victim was erroneous to have been subject to the Defendant’s visit. As such, the victim was sexually insulting.”

2. The Defendant, at the above date and place of the obstruction of performance of official duties, brought a bath to E, a police officer dispatched with the above D, and assaulted the chest of the above E on one occasion by head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the site.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each statement of the F;

1. Application of Acts and subordinate statutes, such as Ctv photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: The point of obstructing the performance of official duties under Article 311 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence shall be determined as above in light of the favorable circumstances, such as the fact that the reasons for the suspended sentence under Article 62(1) of the Criminal Act has a considerable number of records of criminal punishment due to violent crimes, and the fact that the sentence is against the defendant, and the degree of violence against the police officer is not serious;