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(영문) 수원지방법원 안양지원 2018.10.17 2018고단1123
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 9, 2018, the Defendant, within the area of D spashion room located in the Gu C in Ansan-si around 01:40 on May 9, 2018, and in the case of D spawn E to other customers of spawn

After receipt of the 112 report stating "A fighting has passed", the police box of the police station F box belonging to the police station was dispatched to the police box and the statement of the defendant was heard, and the E Ha tried to take a vision with H while hearing the defendant's statement.

이에 위 경찰관 G이 이를 제지하자 피고인은 “ 왜 쟤 편만 드느냐

The police officer interfered with the legitimate execution of duties concerning the handling of reported cases, such as assaulting the face of G at one time by drinking, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement of the police statement related to G;

1. A written statement of I;

1. Application of the Acts and subordinate statutes to photographs taken by police officers on the parts damaged by the police officer;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. There is a need to strictly punish a crime that interferes with the performance of official duties in order to establish the legal order and order of the country with reason for sentencing under Article 62(1) of the Criminal Act and eradicate the light of the public authority, and the fact that the defendant can have been punished for violent crimes is disadvantageous.

However, it is advantageous to the fact that the defendant recognizes the crime of this case and is against the defendant, and there is no record of punishment for the same crime.

The method and degree of exercising the above circumstances and force, and other circumstances, such as the defendant's age, sexual conduct, circumstances leading to the crime, and circumstances before and after the crime, etc., which are the conditions for sentencing as shown in the records and arguments of this case, shall be determined as ordered.

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