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(영문) 수원지방법원 안산지원 2016.01.28 2015고단3075

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2015, the Defendant is a substitute driver, who is a customer, and the customer is able to take a bath.

“A police officer E (27 tax) belonging to the Singu Police Station, who received a 112 report, confirms the situation and confirm the victim E (27 tax). “A police officer of the Singu Police Station” refers to the death of fule.

Tp. This sp. sp.o.s.

He belongs to anywhere. When the part of the victim's arms and body in drinking with sound and drinking, the victim suffered injury to the victim, who is in need of four weeks of medical treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. A written statement of the G production;

1. Application of the Acts and subordinate statutes described in the investigation report (Submission of a medical certificate);

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The defendant shall be sentenced to imprisonment with prison labor in consideration of the following facts: (a) the basic area of the first-class (general injury) of sentencing recommended for the reason of sentencing under Article 62-2 of the Social Service Order Act (from April to June), the defendant had seven violent criminal records related to violence, and the police officers performing official duties by using violence to the police officers in uniform, causing bodily injury to the police officers; and (b) the degree of injury suffered by the police officers is not easy.

However, in light of all the circumstances, such as the fact that the defendant recognized the crime of this case and deposited KRW 3 million for the victim police officers, the sentence like the order shall be set and the execution of imprisonment shall be suspended.

It is so decided as per Disposition for the above reasons.