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(영문) 수원지방법원 2016.04.29 2016고단637

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On February 13, 2016, the Defendant interfered with the performance of official duties at the main point of “C” located on the 21:00 Suwon-si B and the 4th floor of Suwon-si, Suwon-si, and assaulting employees in relation to the payment of the drinking value. On the 112 report, the police officer affiliated with the D police station in Suwon-gu, Suwon-gu, who was called upon the 112 to ask the Defendant for the circumstances of the instant case, “YYYYYYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY.

2. On February 13, 2016, the Defendant: (a) was arrested as a current criminal of interference with the performance of official duties on February 13, 2016; and (b) was transferred to the office of the Suwon-gu Police Station type office in the Suwon-gu, Suwon-gu, Suwon-gu, the Suwon-gu, Seoul-do Office of the Police Station type of the Suwon-gu, Suwon-gu, Suwon-si; and (c) on the ground that the toilets were arrested and fireed, the Defendant destroyed the two sides lids by putting them down in two hands, and then damaged the two sides lids, which are the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement in G and E;

1. Each statement prepared by the F and H;

1. Application of each of the visual Acts and subordinate statutes to damaged photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense (the point of impairing goods for public use) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. Scope of sentencing recommended according to the sentencing criteria;

(a) interference with the performance of official duties (basic crimes) / [type] interference with the performance of official duties;