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(영문) 수원지방법원 2015.11.18 2015고단4347

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 11, 2013, the Defendant sentenced the Suwon District Court to four months of imprisonment with prison labor for the obstruction of performance of official duties, and completed the execution of the sentence on October 7, 2014.

【Criminal Facts】

At around 22:50 on September 10, 2015, the Defendant: (a) took a bath to a foreigner’s store in front of the Suwon-si, Suwon-si, and took a time room; (b) when the police box belonging to the Suwon Police Station, which received 112 report and called the 112 report, met the police box E; (c) took a bath to the above police box E; and (d) took a bath to the above police box E, such as “gress, gress, fress,” and pushed the chest of the above horse E by hand; and (d) upon the arrest of the flagrant offender from the above police box E to the crime of obstruction of performance of official duties, the Defendant assaulted the police box E to walk on the bridge of the above police box E.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes on criminal records, etc. inquiry reports and individual identification and confinement status;

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 35 of the Criminal Act among repeated offenders [Scope of Recommendation] When the basic area of the obstruction of the performance of official duties (6-1 and 4 months) [Special Sentencing] [Special Sentencing] the degree of assault, intimidation and deceptive scheme is minor / The defendant may have a criminal criminal for violence, and the defendant may have a criminal criminal for the same repeated offense (decision of sentence]. Even though there are four criminal records of the same kind, including the criminal for the same offense, committed again during the period of repeated offense due to the same criminal for the same offense, the defendant is sentenced to imprisonment

However, in consideration of the fact that the defendant recognized the crime, reflected, and deposited KRW 3.50,00 for police officers, the extent of violence and intimidation was not much serious, and the defendant's age, character and conduct, environment, etc., the punishment as ordered shall be determined.