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(영문) 수원지방법원 2016.08.25 2016고단2954
공무집행방해등
Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. From around 20:30 on May 30, 2016 to around 21:00 on the same day, the Defendant: (a) requested the victim D, an employee of the Defendant, and the victim E, to connect his/her personal phone to the house of female 106 dong 903 of the above apartment; and (b) requested the victim D to connect his/her personal phone to the above house, but the victim D was aware of the Defendant’s personal phone; (c) when he/she puts his/her personal phone to the victims, he/she was aware of the Defendant.

It interfered with the victims' apartment management work for about 30 minutes by force by avoiding disturbance, such as taking a large speech, etc.

2. The Defendant interfered with the performance of official duties on May 30, 2016, on the ground that, around 21:10, the management office of the above C Apartments, and the Defendant reported that a drinking person, as described in the above paragraph (1), 112, frank Police Station F District of the Jindong Police Station called out after receiving a report that he/she saw him/herself and her franks him/her to return to the Defendant, he/she was the said policeman, “in fluent bre in the Pyeongtaek House.”

D. D. Doz. Doz.

These Chewings, while taking a bath, assaulting the left face of the police officer on one occasion in drinking, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of reported cases and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range)

(b) Category 2 (Obstruction of Execution of Official Duties) / [Scope of the Punishment] 1 (Obstruction of Execution of Official Duties/ Compellion of Duties).

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