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(영문) 수원지방법원 2014.02.05 2013고단2833
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 23:00 on May 12, 2013, the Defendant got a vehicle parked in front of the area C apartment 6-dong in Suwon-gu, Suwon-si, the Defendant got the vehicle in front of 3:0, and was in dispute with the victim D (the age of 46) twice, and was in assaulting the victim's right knee on one occasion due to the outbreak, and was dispatched after receiving 112 report, the Defendant was arrested from the police officer F of the Suwon Police Station Emba, and the Defendant was arrested from the police officer of the police box of the Suwon Police Station Emba and the slope G to check the scene of the traffic accident that the Defendant initially caused.

피고인은 2013. 5. 12. 23:30경 위 장소에서 현장조사를 마치고 순찰차량에 탑승할 것을 요구하는 순경 F(38세)에게 욕설을 하면서 머리로 순경 F의 얼굴부위를 1회 들이받고, 순찰차량에 탑승한 후 순찰차를 운전하려고 운전석에 앉은 순경 F의 턱부위를 발로 1회 찼다.

As a result, the defendant interfered with the legitimate criminal investigation and reporting processing of police officers, and at the same time, the victim needs to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Legal statement of witness F, D, H and G;

1. Statement made to D by the police;

1. Investigation report (the details of arrest and use of outfits);

1. Copy of the traffic accident report;

1. Application of Acts and subordinate statutes of a victim's body photograph, field photograph, and death diagnosis report;

1. Articles 136 (1) and 257 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code provides that even though the defendant was a police officer in the chain of command at the time, he/she need to strictly punish him/her, such as not complying with the crime committed in the obstruction of performance of official duties, such as this case, even though he/she was committed against him/her, the degree of injury by the police officer who is the victim is not much

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