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(영문) 수원지방법원 2018.01.19 2017고단5763
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 26, 2017, the Defendant: (a) reported on August 26, 2017, 03:20, 112 that “A”, a police officer of the police station in Suwon-gu, Suwon-gu, Police Station F District, who was a police officer of the Suwon-gu, Police Station F District, sent out, expressed that C, who was under the influence of alcohol, solicits the Defendant to have the Defendant d's lock away on the street, and thereby, interfered with the legitimate performance of public duties by a police officer on the prevention of a crime by taking one time the chest, etc. and taking one-time the left side of C, thereby interfering with the police officer's legitimate execution of public duties.

2. On August 26, 2017, the Defendant committed the crime against G with police officers: (a) was arrested as a current offender at the convict and office of the Suwon Police Station in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, 1673, at around 05:5:53, and (b) as G, a police officer belonging to the police station in the Suwon-gu, Seowon-gu, the police officer assigned to the police station in the Suwon-gu, Suwon-gu, the police officer replaced the Defendant’s wall that was put in his/her hand with other checks, thereby obstructing G’s legitimate performance of official duties concerning the police officer’s escort duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of the Acts and subordinate statutes on the violence of victimized police officers and photographs at the scene of crime;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, 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 Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended sentence on the sentencing guidelines set by the Sentencing Committee of the Supreme Court Sentencing / [type] The basic area [the scope of the recommended sentence] shall be punished by imprisonment with prison labor for six months to one year and six months;

2. In this case, a sentence of sentence is a case where the defendant wears a uniform and uses violence to police officers performing official duties, which requires strict punishment for the purpose of establishing a national legal order, and eradicating the light of public authority.

In addition, the defendant in this case.

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