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(영문) 수원지방법원 여주지원 2017.04.21 2017고단164
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

At around 00:30 on December 21, 2016, at the defendant's house located in G, the defendant filed a report on domestic violence-related case 112 and exercised D's vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vegetation, E's vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vegetable-related vege with the defendant's wife F. The defendant continued to use D's vege-related vegetable-related vegeh with his hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of punishment by sentence: Imprisonment for one to five years;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] that interferes with the execution of public duties, and the aggravated area (one year to four years) (a person who interferes with the performance of public duties and coercion of duties) (one year to four years) [a person who is specially increased] is many public officials (one type).

3. The criminal defendant who has been sentenced to sentence shall be deemed to be bad in that he/she uses violence against a police officer who is taking protective measures at the request of the victim of domestic violence after being dispatched to the police after receiving a report of damage from domestic violence.

In addition, it is difficult to see that the police officer's body is simply a contingent crime because he/she takes a bath to a police officer, and the police officer's body is sealed to file a petition for the defendant.

However, it does not focus on the degree of damage suffered by victims, and in particular, assault against victims E.

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