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(영문) 수원지방법원 안양지원 2018.07.17 2018고단95
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 27, 2017, the Defendant: (a) around 01:00, the Defendant, in front of the D cafeteria located in Ansan-si, Seosan-si; and (b) around the D cafeteria, the customers are leaving the cafeteria without leaving the cafeteria.

“The victim E (36) was arrested on the ground that the police officer belonging to the police station of the Ansan Franc Police Station, who received the report of 112, issued a penal execution warrant from the victim E, a police officer belonging to the Ansan Franc Police Station, and was in the process of boarding the police vehicle, and as soon as possible, the victim’s right-hand bucks and bucks caused approximately two weeks of treatment to the victim.

As a result, the defendant interfered with legitimate execution of duties by police officers, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of a recommended sentence on the sentencing guidelines: Imprisonment with prison labor for six months to two years (the scope of a recommended sentence] general: In cases of interfering with the performance of public duties in the aggravated area (six months to two years) (special aggravation) of one type (the scope of general injury).

2. Determination of sentence: Suspension of execution for six months of imprisonment - favorable circumstances: Contrary circumstances: The fact that the nature of the crime is inferior in light of the circumstances, details, etc. of the crime, and the fact that it has not been agreed with the victim;

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