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(영문) 수원지방법원 여주지원 2017.03.21 2016고단1558
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On December 14, 2016, the Defendant: (a) 00:20 on December 14, 2016, the Defendant: (b) obstructed the Victim F, a business owner, by drinking alcohol at the “E main store located in Gyeonggi-si, Gyeonggi-do; and (c) reported 112 by the victim while leaving the police station, and (d) walked with four visitors, who are not aware of the market price that he/she owns, thereby damaging them.

2. The Defendant: (a) committed assault by the police officer of the G police box of Gyeonggi-gu Police Station at the time, time, and place specified in paragraph (1) on the part of the police officer, who was reported while leaving the police box; and (b) tried to arrest a flagrant offender due to the crime of assault, etc.; (c) committed assault by the police officer of the G police box of Gyeonggi-gu Police Station with the head and head of the above H, buck, and bucks in front and rear, and walking down the right side, and walking down the bucks.

Accordingly, the defendant assaulted police officers without any justifiable reason to interfere with legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, and I;

1. Application of statutes on site photographs;

1. Relevant Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act (the point of destroying property) and the choice of imprisonment with prison labor for a crime;

1. Reasons for sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier official duties);

1. The scope of punishment: Imprisonment for one month to seven years;

2. The scope of the sentencing guidelines recommended for the sentencing guidelines: the scope of the punishment [the scope of the punishment for a person subject to special mitigation] and the scope of the final punishment for a person subject to multiple crimes where the punishment is not imposed (including serious efforts to recover damage) or a significant damage is recovered in the area of mitigation (one month to six months), the basic area (six months to one year and six months) (the scope of the punishment for a person subject to special mitigation) (the scope of the punishment for a person subject to special mitigation) (the scope of the punishment for a person subject to special mitigation) and the basic area (the scope of the punishment for a person subject to special mitigation) (the scope of the punishment for a person subject to special mitigation) and the scope of the punishment for a person subject to multiple crimes: June to September:

3. The defendant who was sentenced to a sentence shall be under the influence of alcohol on January 29, 2014.

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