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(영문) 수원지방법원 여주지원 2017.01.25 2016고단1460
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:30 on November 28, 2016, the Defendant assaulted the victim F (51 tax) and the victim G (42 tax) of the police station in the Innju Police Station E box called "Ping to brea" while taking an on-site photograph, and assaulted the victim G, "the victim G, who was next to the assault, may be arrested as a flagrant offender interfering with official duties, if he she was arrested." On the other hand, the Defendant committed an act of assaulting the victim G’s fthles, which read, "the victim G, who was arrested as a flagrant offender interfering with the performance of duties, may be arrested." Even after being arrested as a current offender, the Defendant did the victim's fating, etc., and the victim's bat, etc., who tried to take the victim's batf, committed an assault to bat the victim's batch, etc., and tried the victim's batch, etc., two times the victim's bat.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reported cases, and at the same time, injured each victims.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of opinion;

1. Application of the Acts and subordinate statutes on photographing parts of damage;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act (the point of harm);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of interference with the performance of public duties and the crime of injury to victim G), the punishment imposed on the crime of serious injury heavier than the one of the two crimes, the crime of interference with the performance of public duties and the crime of bodily injury to victim F, and the punishment imposed on the crime of more serious injury);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Crimes No. 1 [the scope of recommendations] for the reasons of sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures] in the case of interference with the execution of official duties in the aggravated area (6 months to 2 years) of category 1 (general injury) (the scope of recommendations).

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