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(영문) 수원지방법원 평택지원 2019.07.11 2019고단683
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 07:55 on January 11, 2019, the Defendant attempted to take a bath for the victim and the victim out of the officetel to whom the market price cannot be known due to the occurrence of the instant officetel, which is the victim’s possession of the instant officetel, during the process of drinking the victim’s btel C with the victim’s D, etc., and attempted to take off the instant officetel, which is the victim’s possession of which the market price cannot be known due to the occurrence of the loss, but failed to take such an attempt.

2. The Defendant, at the above date and place of obstruction of performance of official duties, expressed that “F, patrolman, G, or patrolman, who was called out after receiving 112 reports, she saw the Defendant as “I am knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, knife knife knife knife knife knife, knife knife knife knife knife knife knife F

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F and D;

1. Article 136 (1), 371, and 366 of the Criminal Act applicable to the crimes and Articles 136 (1), 371, and 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the police officer dispatched to the site due to the reason for the sentencing of Article 62-2 of the same Act uses violence against the police officer.

However, the punishment shall be determined as ordered in consideration of the favorable circumstances, such as the fact that there is no power to commit the crime of this case, confession and reflect the crime of this case, and the fact that the victim D has agreed with the victim.

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