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(영문) 수원지방법원 2016.09.28 2016고단2437
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 7, 2016, at around 02:30 on February 7, 2016, the Defendant, at the residence of the Defendant, who was in heading B or B01, was the husband of the Defendant, who was the wife of the Defendant, her husband was unable to sleep.

Upon receipt of a report 112 to the purport that “A” was sent, the head of the police station affiliated with the D police station of the Suwon-gu, the head of the Dong-gu Police Station assaulted E by “BA.”, by hand, the body of E in his hand, and by the right hand, when the left shoulder of E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 reporting processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to C, E, and F;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] There is no person [the person subject to special sentencing] in the basic area (six months to one year and four months) [the person subject to special sentencing] [the decision of sentencing] [the defendant has no record of being punished for violent crimes since February 191, but the police officer who has received 112 report after domestic violence has been dispatched to the defendant's residence. The crime of this case also was committed against the police officer who has investigated domestic violence in this case] and all other conditions of sentencing as shown in records and changes.

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