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(영문) 수원지방법원 안양지원 2019.02.12 2018고단1607
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 18, 2018, at around 05:45, the Defendant: (a) received a request from a taxi engineer and the Defendant to settle the dispute over the payment of taxi rates, etc. in front of the Gun Police Station C District of the Gun Police Station located in the Gunposi B; (b) expressed the Defendant’s desire to read “a taxi driver and the Defendant,” “a taxi frighter, frighter, frighter, frighter, frighter, frighter, frighter, frighter, etc.,” and frighted to the floor, D, etc.

Therefore, as D requires the presentation of identification card, the identification card was put on the floor, "Chop Mama, MaMaMa, arrested a flagrant offender, fish, etc.", and with the right hand hand floor of D, assaulted by assaulting the part of D, such as flap, Mamama, Mana, Mabro, flab, etc., one time at the right hand, and interfere with the legitimate execution of duties of police officers in relation to the prevention, suppression, investigation, etc. of the crime.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes to each investigation report (including attached data) (including field video-related with the video, related to the suspect's upper part, and related to the taxi black image);

1. Grounds for sentencing under Article 136 (1) of the Criminal Act with respect to the relevant criminal facts;

1. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for up to six months and up to one year and six months (the scope of recommendations) and the basic area (up to six months to one year and six months) of the obstruction of performance of official duties;

2. The Defendant, who made a decision on the sentence, spits or spits a bath against the police officer and obstructed the performance of official duties, such as spits or spits. In light of the method of the crime, the liability for the crime is not easy, the Defendant has been punished on several occasions, such as five times a suspended sentence, and the Defendant again committed the crime of this case even though he had committed the crime of assault, taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, environment, circumstances before and after the crime, etc.

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