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(영문) 수원지방법원 여주지원 2012.12.28 2012고단716
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for one year from the date of the pronouncement of this judgment.

Reasons

Punishment of the crime

On August 5, 2012, the Defendant: (a) at the parents’ home of the Defendant in Gyeonggi-do on August 16:19, 2012; (b) “Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Partial statement of the police suspect examination protocol against the defendant;

1. Damage photographs;

1. Application of the Acts and subordinate statutes of this Court for inspection records;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act for suspended sentence falls under the basic area of sentence No. 1 of the obstruction of performance of official duties according to the sentencing guidelines, and the scope of the sentence recommended to the Defendant is “one-year imprisonment from six months to one-year imprisonment.”

Although the defendant had a dispute with pro-Japanese parents, etc. as a monetary problem, it was dispatched by the police officer, and eventually, the police officer's use of violence together with abusiveism for the police officers dispatched.

However, the defendant did not have any previous criminal record prior to the crime of this case, and received money by death from the Jeonnam Department, and he did not know the defendant, and the money problem is related to this.

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