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(영문) 수원지방법원 2016.11.11 2016고단4982
공무집행방해
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 23:40 on July 31, 2016, at the front of the “D” convenience store located in Suwon-si, Suwon-si, the Defendant committed assault, such as: (a) the Defendant: (b) committed a mistake in parking the front of the said convenience store to E; (c) the police box of the Suwon Police Station, which was reported and arrived at by E, to confirm the circumstances of the instant case; (d) the police officer of the Suwon Police Station, who was called “I would die” to E; and (e) the Defendant tried to see the chest part of G, who was satched by the Defendant, with both hand, and to sat down the satch part of G, and to sat down the satch part with the satch part, and to sat down the satch part with the satch part.

Accordingly, the Defendant interfered with legitimate execution of duties concerning the handling of reported case by G 112 police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in G; and

1. Application of Acts and subordinate statutes written statements prepared by E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Grounds for sentencing of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] the basic area [the scope of recommendations] stipulated under the category 1 of the obstruction of performance of official duties (the obstruction of performance of official duties and the coercion of official duties] shall be punished by imprisonment for six months to one year

2. In light of the fact that the defendant who was sentenced to a sentence has committed a crime of violence or interference with business over ten times in the past ten years in consideration of the fact that he/she committed a crime of violence, he/she shall be held liable for such crime. However, there are favorable circumstances such as the confession of the defendant, deposit of KRW 300,000 for the victimized police officer, and the degree of the defendant's exercise of violence against the police officer, etc., taking this into account, he/she shall be sentenced to a suspended sentence, but shall be subject to probation and shall be ordered to take lectures.

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