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(영문) 수원지방법원 2017.06.14 2017고단1076

공무집행방해

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

On February 6, 2017, at around 00:50, the Defendant received a report from the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government 901 Dong 201 Dong 201, and received a notification from the Defendant to the effect that “the 119 patient went to his/her match,” and received a statement from the police officer D (37 tax) belonging to the police officer belonging to the police station C district unit at this site, and heard the statement from the fire officer located in the police station C district unit at this site. On account of the first fire officer, the above police officer’s removal of the Defendant, thereby threatening the said police officer’s chest part of the Defendant’s chest by hand, and threatened him/her with it.

As a result, the Defendant interfered with the legitimate execution of official duties by police officers on the 112 reported dispatch duty.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Class 1] The mitigated area (where the degree of assault and assault is minor) where the Defendant was punished by a fine due to a crime of obstructing the performance of official duties on July 2012, the Defendant committed the instant crime again again. The Defendant committed the instant crime against the fire officer or police officer who attempted to commit the instant crime upon receiving the Defendant’s report, and exercised the physical force of the police officer.

However, considering the fact that the degree of violence is relatively minor, a suspended sentence shall be imposed, but the proper time of social service activities shall be ordered, and the punishment shall be determined as per the order.