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(영문) 수원지방법원 2017.06.21 2017고단367
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

The Defendant, at around 00:50 on December 25, 2016, in order to enter the details, etc. heard by the police officers, who belong to the police station of the Sungsung C, and patrolmen called out after receiving a report of domestic violence at home from the mother of the Defendant at the residence of the Defendant at around 00:50 on December 25, 2016, in order to enter the details, etc. heard by the relevant police officers.

Then, the above police officer saw that he was asked to return the pocket book by the police officer C, and saw him to the above police officer C, and saw him with flab, and the above police officer D saw him to stop the defendant, and saw him with the flab and flab of the above D's flab and flab. The above police officer D saw him to stop the defendant.

At around 03:35 on the same day, the Defendant was arrested to the police officer above due to the above acts, and there was a e-mail in the police station of the above police station 21 in South-do, Namyang-ro, Namyang-ro, Namyang, Namyang-do, in the residence of the above Defendant, " while getting aboard and taking custody of the patrol vehicle of 21 in the above police station," and the sound "I am unfash" was fastened with the above police officer, who was aboard the patrol vehicle under his hand, and was fashing several times by taking fassium E, who was a police officer belonging to the above police station, and was fashing his son to take care of the face of the above E, and was fashed by the above E, thereby preventing him from taking care of it.

Accordingly, the Defendant, who is a police official, interfered with legitimate performance of public duties concerning C, D, and E’s life, body, and property protection, prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the 112 Reporting case treatment list, damaged photographic data, and written confirmation of medical treatment Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice 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 Code of the Suspension of Execution [the scope of recommended punishment] The basic area (fe.g., interference with the performance of official duties and coercion of official duties) is the basic area (fe., June to April).

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