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(영문) 수원지방법원 성남지원 2017.11.22 2017고단2387
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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 August 6, 2017, the Defendant: (a) on the front side of Gwangju City, around 22:20 on August 6, 2017, when the Defendant appeared to assault the head part of C, who was friendly, on the part of the Defendant, boarded the victim E (the 37 years old), who was affiliated with the D District Police Station D District of Gyeonggi-gu Police Station, and tried to return to the said C after inquiring of the circumstances; (b) on the head of the patrol group, the Defendant expressed the Defendant’s desire to “Ie the Hae-ri-ri-ri-ri-ri-ri-ri-si”; (c) opened his cell phone, followed by the victim’s purchase of his cell phone; and (d) committed assault to the victim in line with the victim’s left part of the buckbuck which was back to the Defendant.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention and investigation of the victim who is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to the violence side photographs and mobile phone photographs used by the person who is the victim when he/she assaults;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order has been the same kind of force and criminal records of violence, including punishment.

Provided, That the sentence shall be determined as ordered in consideration of the fact that the defendant commits a mistake, the victim deposited one million won, the health status of the defendant, etc.

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