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(영문) 수원지방법원 2018.01.17 2017고단5857
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 July 31, 2017, at around 02:40 on July 31, 2017, the Defendant reported that the Defendant was avoiding a disturbance at the front of the D convenience point located in Suwon-si C, and that F, a police officer affiliated with the Suwon-gu Police Station E box of the Suwon-gu Police Station, sent out, instructed the said F to take a serious bath for the said F to his returning home, and caused the said F to take pictures of the said F to take a cellular phone, and the said F to take the her head’s hand.

Accordingly, the defendant assaulted the police officer who is performing legitimate official duties on the dispatch of 112 report and obstructed the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. The notification to the department related to the 112 reported case, the application of the Act and subordinate statutes to photograph the damaged body photograph, the investigation report (to attach CCTV images that interfere with the performance of official duties), the application of the Act and subordinate statutes on video recording files to the scene;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] The grounds for sentencing under Article 62(1) of the Criminal Act are considered as having no basic area (from June to one year and six months) (the person subject to special sentencing) [Judgment of sentencing] [the police officers who assault the police officers who perform official duties and commit the crime is not good, there is a record of punishment for violent criminal records, and there is a record of punishment for violent criminal records, and the defendant is against the defendant's confession of the crime of this case at latest.

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