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(영문) 수원지방법원 2018.01.31 2017고단7699
특수공무집행방해
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

At around 08:00 on September 15, 2017, the Defendant sent his left-hand hand to C hospital by taking advantage of excessive alcohol at the Defendant’s house located in Suwon-si, Suwon-si B and 204, but the Defendant refused to provide medical treatment and reported to 112 in the hospital, and the police officer of the Suwon-gu Police Station D police station of the Suwon-gu, who was dispatched after receiving 112 a report, was the Defendant’s house to return to the Defendant.

On September 15, 2017, at around 08:50 on September 15, 2017, the Defendant assaulted the chest part of E in a drunk while entering his residence together with the above patrolman at the front parking lot of the Defendant’s house located in Suwon-si, Suwon-si, Suwon-si, the lower court, at one time, and assaulted the lower part of E in a two-time way to keep the right.

Defendant continued to enter the above E and the building 204 and then die and thrown away the transition (20cm in length, 10cm in length) which is a dangerous object on a customer of the said place.

In order for E to stop this, E would like to take a excessive amount of error in order to eliminate it, and threatened E with the excessive amount of defect to the above E.

Accordingly, the defendant carried dangerous articles and interfered with police officers' legitimate execution of their duties on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology to E;

1. A written statement in F and G preparation;

1. Application of the statutes on seizure, list of seizure, evidence of seizure, and investigation report (CCTV image);

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (The favorable circumstances of the reasons for sentencing) - The defendant committed an assault against a police officer who is performing legitimate duties to help the defendant return home, as well as the nature of the crime committed up to the shortest period. - Even if the defendant had already committed the same kind of crime in February 2017 and had been under investigation at the time of the investigation, he would be able to prevent the defendant from re-committing this case without anti-competence.

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