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(영문) 수원지방법원 2015.03.25 2014고단6605

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 November 1, 2014, the Defendant: (a) around 00:13, the taxi engineer C and passenger D were told to dispute the taxi rate, and (b) completed a written application for no punishment in the Fabbs box located in Heung-gu E, Young-gu, Young-si; and (c) subsequently, the Defendant returned to the Republic of Korea.

On November 1, 2014, at around 01:45, the Defendant re-exploited in the above police box, and did not have prepared a written application for no punishment against D, and was able to file a civil petition. Accordingly, the victim G, who was a police official, notified the Defendant that he could be punished by the Punishment Act of Minor Offenses as a disturbance for the principal cancellation at the government office, and recommended the Defendant to return home, the Defendant expressed the Defendant’s desire to “Schchopae”, and removed the clothes of the victim by putting the victim’s chest on one time by using the victim’s left shoulder part.

As a result, the Defendant interfered with police officers' legitimate performance of duties in relation to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of circumstances;

1. Application of Acts and subordinate statutes governing photographs of victims;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The ground for the sentencing of Article 62(1) of the Criminal Code / [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is minor (special mitigation) [decision of sentence] the defendant reflects the crime of this case. The defendant has no criminal record before and after 2007, the degree of assault of this case is not much serious, and all of the sentencing conditions are considered, and the sentence as ordered shall be determined in accordance with the sentencing guidelines.