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(영문) 수원지방법원 2018.08.17 2017고단6304
공무집행방해
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

On August 2, 2017, at around 22:30, the Defendant: (a) 112 telephoneed in front of each middle school located in Suwon-si, Suwon-si, 177, in front of each middle school; (b) and (c) mispercing it into an emergency standard, the Defendant sent to the site by misunderstanding the Defendant as an emergency situation, and confirmed the details of the Defendant’s report, the head of Suwon-gu Police Station C of the Suwon-gu Police Station, which called the Defendant, sent a serious bath to the said D, the Defendant was spited by spiting the tobacco that was taken by spiting it with the face of the said D.

Accordingly, the defendant assaulted police officers who are performing legitimate duties concerning the prevention, suppression, and investigation of crimes, thereby hindering the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. A report on internal investigation, and a criminal investigation report (Attachment to the table for the handling of reported cases);

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

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act - The history of several times of punishment due to violent crimes. From the expiration of the grace period for the judgment of the stay of execution that was sentenced by the previous crime, the instant crime is prevented. In short, the crime of this case is deemed to have been exercised on the body of a police officer in the course of performing his/her duties. The circumstances favorable to him/her - confession of and reflect on crimes. The degree

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