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(영문) 수원지방법원 2018.04.10 2017고단8575
공무집행방해
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

On October 9, 2017, the Defendant entered the indictment “D” in front of the “D” located in Heungdong-gu, Youngdong-gu, Youngdong-si, G, and the indictment “Defendant changed” as “the Defendant abused the Defendant’s attachment.” However, on the instant site, the Defendant sent back to the instant site to the police officer, thereby recognizing the Defendant as having reported the circumstances in which the instant case occurred.

112 The Defendant was prevented from taking the Defendant’s vehicle into a garbage tank with a large number of knife from a slope F of the police box belonging to the Gandong Police Station E of the Gandong Police Station in receipt of the 112 report, and “Is the knife of the knife.”

Delegate bitch bits

“Abundling the police officer’s chest by hand, and continuously arrested the police officer in flagrante who was suspected of interfering with the continuation of force and the performance of official duties, and was in the patrol vehicle, the police officer committed assault, such as moving the police officer’s flag by hand, while serving in the patrol vehicle.

Accordingly, the defendant interfered with the police officer's 112 reporting duty and legitimate execution of duty related to the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. Video CDs;

1. Application of Acts and subordinate statutes to a report on investigation, a report on 112 reported case handling, a report on investigation (a reporter and telephone call);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the punishment according to the sentencing guidelines] Where the degree of assault is minor in the mitigated area of Class 1 (Interference with and Forced on Duties), Article 62(1) of the Criminal Act (amended by the sentencing guidelines): The crime of this case is committed by the defendant upon receiving the 112 report and arresting the police officer as a current criminal due to interference with the performance of official duties after pushing him/her of the police officer, and the crime of this case is committed by assaulting the police officer due to interference with the performance of official duties, and the nature of the crime is not easy. The defendant is a violent crime only once.

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