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(영문) 수원지방법원 2018.11.05 2018고단4533
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 5, 2018, the Defendant: (a) on August 5, 2018, 19:55, the Defendant: (b) on a police officer belonging to the police unit of the Suwon Police Station D; and (c) on a police officer belonging to the police unit of the Suwon Police Station, who was dispatched to the Defendant upon reporting from 302 to 112.

6.2 1.3 1.2 : (a) The head of the above E was assaulted on the hand by the hand, and the above F was assaulted on the left side of the next F in his hand on one occasion; and (b) whether the CF was reported by the CF on one hand.

C. The police officers’ legitimate performance of duties related to the prevention, suppression, investigation, etc. of crime was obstructed by assaulting the above F 4 times with a luxous hand, the above E 1, the body of the hand floor, the body of the hand floor, and the part of the right side of the E 1, and assaulting the police officers’ legitimate performance of duties regarding the prevention, suppression, investigation, etc. of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, E, G, and H;

1. Application of field photographs, video CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Sentencing is not applicable inasmuch as the grounds for sentencing under Article 62(1) of the Criminal Act are mutually concurrent crimes for the suspended sentence.

Taking into account the following: (a) assaulting police officers who perform official duties, and the nature of the crime is not good; (b) the accused has led to the confession of the crime in this case; (c) appears to have led to contingent crimes under the influence of alcohol; (d) the degree of the assault seems to have not been significant; and (e) there is no record of having been punished for the same criminal offense.

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