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(영문) 수원지방법원 2013.05.31 2012고단5375
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

At around 16:40 on November 5, 2012, the Defendant: (a) received a report that “a man frighting to drink” was used in front of Suwon-si C, and received a question about personal information from E belonging to the police officer of the Suwon-gu Police Station D police box called “this son must do so” from E without any reason; and (b) assaulted E one time on the floor of his hand to the extent that the face of E might be damaged.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant repents his mistake and has no history exceeding

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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