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(영문) 수원지방법원 성남지원 2016.05.26 2016고단541
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 01:20 on February 28, 2016, told C to challenge his or her wife D, who is a ter, in the residence of C, located in the city B or 201, or around 01.20.

“I” to the above police officers, who attempted to arrest C as a current offender of the assault against D, with the victim F(54 years old), G, slope H and policeman I, a guard belonging to the Southern Police Station E District of D’s 112 reported and dispatched, and to arrest C as the current offender of the assault against D, the victim F(54 years old), G, Assistant H and Police Officer I.

이 좆만한 새끼들 아, 제복 벗고 맞짱 한번 뜨자 "라고 욕설을 하며 손으로 피해자의 멱살을 잡고 약 10회 흔들고 주먹과 발로 때릴 듯이 위협하는 등 폭행하였다.

As a result, the Defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender, and at the same time, the Defendant inflicted an injury on the victim such as salt, tension, etc. in need of medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police officer;

1. Statement made by the police in relation to witnesses and victims;

1. Each photograph and diagnostic document;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for the crime of bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201);

1. It is decided as ordered by the reason that protection and observation, community service and lecture attendance order are more than 62-2 of the Criminal Act (in order to prevent recidivism);

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