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(영문) 수원지방법원 2017.10.20 2017고단4254
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On June 14, 2017, the Defendant obstructed the performance of official duties, at around 00:05, was wraped with Defendant J, K, on the front road of the “I pharmacy located in Suwon-si, Suwon-si,” and was dispatched to the site upon receiving a report from Defendant J, K, and K. The Defendant was removed from police slope M and N, who was dispatched to the site after receiving a 112 report.

The defendant, while making a statement to the above police officer, prices the face of the J, who is a fluor, once again, and the police officer removed the defendant, the defendant, "I am to solve the problem of whether I am to the fluor, I am to the fluor.

씨 발!” 이라고 욕설하며 순경 N의 왼쪽 광대뼈 부분을 주먹으로 1회 때리고, 발로 왼쪽 허벅지 부분을 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 reporting processing.

2. The Defendant, who damaged public goods, was arrested in flagrant offender on the same date and time as, and at a place as, the foregoing paragraph, and at the same time and place, destroyed the rubber strawing which was attached on the front side of the patrol box (No. 13) of the Suwon Southern Police Station, following the right side of the patrol box (No. 13) and damaged the repair cost of KRW 24,805.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to the N;

1. Written statements;

1. Application of Acts and subordinate statutes to photographs of damage and estimates of repair;

1. Relevant Article 136 of the Criminal Act, Articles 136(1) and 141(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Interference with the Execution of Official Duties] [Interference with the Execution of Official Duties] Reduction Area (-8 months, minor cases] Reduction Area (-8 months, minor cases) / [ multiple crimes] Reduction Area (-8 months, minor cases] / 1/2 increase of the upper limit of the sentence scope of interference with the performance of Official Duties in the upper limit of the sentence for the crime of damaging basic public goods [the scope of recommended punishment] - January 1 year police officers.

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