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(영문) 수원지방법원 안양지원 2017.09.08 2017고단733
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant committed the following crimes with mental disorders, such as editing soldiers, under the state that the Defendant lacks the ability to discern things or make decisions:

1. The Defendant who attempted to intrude upon his/her residence on April 22, 2017, at the victim D’s residence located in 106 dong-gu Manyang-gu C building 106 dong-gu 601, and at the same time, he/she left home.

Finding and finding the entrance reading center, which was corrected in the victim's residence, was able to lick down several times, boom the entrance door, and duplicating the victim's residence, but did not intrude into the victim's residence because the entrance was corrected.

2. On April 22, 2017, at around 01:35, the Defendant: (a) reported the disturbance at the place specified in paragraph (1) at around 112; and (b) the security guard F belonging to the police station E District of the police station within the one time to return home to the Defendant; (c) the Defendant was able to display a hand-on drinking, and the Defendant continued to arrest a flagrant offender suspected of interference with the performance of official duties, and assaulted the Defendant at least once on the 106 elevator with the right-hand buckbucks of G located within the said 106 elevator, where the Defendant arrested a flagrant offender suspected of interference with the performance of official duties and tried to go back to the earth.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes of D;

1. Relevant Articles 322 and 319 (1) of the Criminal Act (a point of attempted intrusion upon residence) concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act - Reasons for unfavorable circumstances: Two police officers.

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