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(영문) 수원지방법원 2017.08.17 2017고단3312
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On April 29, 2017, at around 01:30 on the street B of Suwon-si, the Defendant insultd the victim publicly by openly fluoring the victim by openly obing the victim on the ground that the victim D, who was dispatched after being reported by the Defendant 112 on the street B, was not at the seat of the patrol road, on the ground that the victim D was not at the seat of the patrol road, and on the ground that he was aware of his personal information, he was not at the seat of the patrol road.

2. The Defendant interfered with the performance of official duties on the same date, at the same place, and on the grounds that E, a policeman belonging to the Suwon Police Station C District Group of the Suwon Police Station, sold his arms, “I see this,” and assaulted a policeman E in drinking, such as drinking, and cutting off his arms, thereby interfering with the police officer’s legitimate performance of duties concerning the prevention of crime, maintenance of order, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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 of the community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] shall be considered in relation to concurrent crimes with the crimes for which the sentencing criteria that have not been set for lack of the basic area (six months to one year and six months) (no person subject to special sentencing) shall be considered the lower limit of the above recommended punishment in the basic area (Interference with the performance of official duties and the coercion of duties).

2. Determination of sentence is not good in light of the form and content of each of the instant crimes, and the Defendant has a record of having been punished several times for violent crimes, etc. is disadvantageous.

On the other hand, the fact that the defendant is against the mistake, and the degree of interference with the execution of official duties is not much serious.

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