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(영문) 수원지방법원 안산지원 2014.10.22 2014고단2235
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 24, 2014, at around 00:11, the Defendant assaulted the Defendant’s residence located in Gwangju-si B, and committed assault, such as taking D’s arms, taking KON’s body, and pushing ahead with D’s body, by taking a bath to a slope D belonging to the Mine Police Station C District, dispatched after receiving a report on domestic violence.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of damaged photographs (D) Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The crime of this case with reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Probation Act is a case where a defendant assaultss a police officer dispatched after receiving a report of domestic violence and thereby obstructs the performance of official duties. In light of the unfavorable circumstances such as the nature of the crime of assault by a police officer, etc., the defendant's perception of the crime of this case reflects his mistake in depth while recognizing the crime of this case, and the defendant does not want the punishment of the defendant, and the defendant does not want the punishment by agreement with a police officer, and all of the favorable circumstances such as the defendant

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