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(영문) 수원지방법원 안양지원 2017.06.09 2016고단1492
공무집행방해등
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

[2016 Highest 1492]

1. When the defendant lacks the ability to discern things or make decisions due to the on-site illness, the defendant was reported to assault C on the roads of the new apartment house located in 556 no. 80 m. 556 m. 80 on August 25, 2016, and was called up for without any justifiable reason during the safe period of his/her dispatch, the police box of the police station D, etc., to arrest the defendant as a current criminal and to take aboard the patrol vehicle, the defendant was found to have a defect, "Y, Y, spath, spawn, and spathn at the time,"

In doing a bath theory, such as “a dog,” the ethbbbial eth, and assaulted E, such as scams, and interfered with the legitimate execution of duties of police officers with respect to the arrest of flagrant offenders.

[2017 Highest 299]

2. In a state that the Defendant, due to the on-site illness, lacks the ability to discern things or make decisions, the Defendant entered the building located in the Republic of Korea F during Ansan-si, around February 16, 2017, in front of the building located in the Republic of Korea, and opened the door door 05 and the door door door of the victim G living in the said building and the door door door 05 of the said building, and continuously intrudes on the victim’s residence by continuously leaving the passage with the string of the first floor, the passage and stairs of the underground floor, and the front door of the toilet.

Summary of Evidence

[2016 Highest 1492]

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. Each written statement prepared C and H;

1. Details of report on 112 Incident (2017 Highest 299);

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. A written statement prepared in the I;

1. Investigation reports (verification, etc. of telephone conversationss of victims) and investigation reports (on-site verification);

1. 112 Reporting case handling table;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 319(1) of the Criminal Act (the point of intrusion upon residence) and the choice of imprisonment with prison labor for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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