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(영문) 수원지방법원 안양지원 2016.06.30 2016고단584
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 26, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), etc. at the Seoul Northern District Court, and was sentenced to a suspended sentence of three years on February 17, 2012 by the same court on February 25, 2012, which was sentenced to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and the sentence of the suspended sentence becomes effective upon the final judgment on February 25, 2012, and on October 21, 201, the Defendant was sentenced to six months for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the same court on March 15, 2012, and the said judgment became final and conclusive on February 24, 2014.

On April 4, 2016, the Defendant was divingd at the entrance of the C convenience store located in Ansan-si B at Anyang-si around 20:00.

“Is the police officers, such as D District Assistant E, dispatched upon the report of the above convenience store business owner, take charge of the Defendant’s shoulder and locked “Is the Defendant to die.”

”라고 하는 등의 욕설을 하며 손으로 경사 E의 멱살을 잡고, 발로 그의 정강이를 수회 찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Each investigation report (Interference with the performance of public duties, hearing statements from the employer of a convenience store, and reporting thereon);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (a copy of the previous court ruling and attachment of inquiry about confinement), personal identification and acceptance status, summary information of each case, inquiry of each case, and application of the statutes of each court ruling;

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 Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the recommended punishment ] The Principle 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) of the Act on the Interference of Performance of Official Duties>

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