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(영문) 수원지방법원 성남지원 2018.10.25 2018고단1869
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 May 6, 2018, the Defendant, at around 17:40 on May 6, 2018, had the Defendant’s spouse C and her body fighting at the Defendant’s residence located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, and had the husband report on 112, and the Defendant attempted to arrest the Defendant in flagrante for the said reason, and ordered the Defendant to arrest the Defendant for a flagrante at the Defendant’s police box affiliated with the Sungnam-gu Police Station D, Sungnam-gu, Police Station D, which called the Defendant’s key, “I ask, ask,” and “I ask,” and ordered the said opening to “I ask, ask,” one time, thereby causing injury to the victim E (the 26 years of age), such as an animal tree, etc. requiring medical treatment for about 20 days.

As a result, the Defendant interfered with legitimate execution of duties concerning the handling of reported cases and arrest of flagrant offenders, who are police officials, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written decision on approval of medical care and written diagnosis;

1. Application of statutes to damaged photographs;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is very poor in light of the background, method, etc. of the crime of this case, and the defendant has been punished for the same criminal record.

There was no agreement with the victim.

However, the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, and circumstances after the crime.

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