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(영문) 수원지방법원 안양지원 2018.08.10 2018고단1041
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

피고인은 2018. 6. 18. 10:38 경 안양시 동안구 C에 있는 D 안양 점에서 이전에 위 장소에서 막걸리를 훔쳐 적발된 것을 따지기 위해 갔다가 신고를 한 사람이 D 보안요원인 피해자 E( 남, 32세) 임을 알게 되자 화가 나 손으로 피해자의 어깨를 밀치고 발로 피해자의 몸통을 걷어찼다.

The Defendant continued to have received 112 reports from the Korean National Police Agency, a police officer belonging to the police station F District Police Team, to arrest him/her as the current offender of the above assault case during the period of his/her movement, and received 112 reports, and subsequently, he/she tried to assault him/her by making him/her knick with her hand at once.

Accordingly, the defendant committed violence against the victim E, and interfered with legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of the Acts and subordinate statutes concerning each CCTV closure photograph;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the recommended punishment in the sentencing guidelines] 1 of the Act on the Aggravated Punishment of Concurrent Crimes - Crimes under Article 2 of the Act on the Aggravated Punishment of Specific Crimes (Assaults) in the basic area (from June to June) in Article 1 of the Act on the Aggravated Punishment of Public Officials - The final sentencing range due to the aggravation of multiple crimes in the basic area (from February to October) in Article 1 of the Act on the Aggravated Punishment of Violence Crimes ( from June to June): June: June to November 11 [the decision of the sentence] has a attitude against the defendant's wrong.

However, there are several kinds of records of punishment for the same act of violence and interference with the execution of official duties.

Since around May 4, 2018, this Court had been sentenced to a suspended sentence of imprisonment due to assault and the judgment became final and conclusive, each of the crimes of this case has been committed.

The extent of violence and assault, the degree of interference with the performance of official duties, and the defendant's person.

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