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(영문) 수원지방법원 성남지원 2018.08.23 2018고단1258
공무집행방해등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 03:50 on May 7, 2018, the Defendant was prevented from wrapping-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City), who was dispatched to the site after receiving a report of 112 on the roads, from the head of the police station C District of Gwanak-gu, Seoul, which was called the site, to put the Defendant back the Defendant with E who works for the Defendant.

However, there is a concern that there may be harm to others, such as disregarding the defendant and continuing to wrap with the above E.

Based on the judgment of the above D's hand, the Defendant saw D's buckbucks into 2 to 3 spits, spits the part of D's spits, and assaults D with the left part of the bucks, thereby causing damage to the bucking part of the treatment days.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports and inflicted injury on D at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. A report on investigation (Submission of a medical certificate);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 is that the defendant uses violence and bodily injury to a police officer who is performing legitimate duties.

However, the court shall comprehensively consider the following factors, such as the fact that the defendant is against the defendant, the fact that there is no previous conviction exceeding the fine, and the age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc., and determine the punishment as shown in the order.

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