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(영문) 수원지방법원 안산지원 2018.02.07 2017고단3300
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 2, 2017, the Defendant interfered with the performance of public duties on September 2, 2017: (a) around September 2, 2017, the Defendant was placed in the “C” parking lot located in Singue-si B, Singu, Singu, Singu, on September 2, 2017; and (b) “A person who takes part in the front parking lot of a restaurant” was placed in front of the Defendant’s office located in Singu, Singu, Singu, Police Station D’s Police Station, who was reported 112.

On September 2, 2017, the Defendant: (a) wanting to take the patrol car to the above E before the Defendant’s house around 20:56.

However, the above E assaulted two times with the defect of “I cannot escape the patrol vehicle at present, I cannot leave the house, and you can see.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

2. On September 2, 2017, the Defendant interfered with the performance of official duties on September 2, 2017, at around 21:05, the Defendant arrested a flagrant offender under suspicion of interference with the performance of official duties on the grounds of paragraph (1), at the D police box located in G at Sinung-si, on September 2, 2017, and boomed the scam within the said police box to scam the scam, and the police officer affiliated with Sinung-si Police Station D police box at the time when H cut the Defendant’s lock, cut off the Defendant’s lock, cut off the Defendant’s lock, cut off the Defendant’s body, and assaulted the Defendant at one time with his left hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and H;

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

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act of the Aggravation of Concurrent Crimes prices the face of a police officer who kills him/her; and Article 50 of the Criminal Act does not impose a strict liability on him/her because he/she repeats the same act in that he/she gets involved in the police box subsequent to the police box, he/she has followed the same act.

However, the fact that the defendant is led to confession and reflect, and that there is no criminal record exceeding the same kind of criminal record or the suspension of the execution of imprisonment is considered as favorable circumstances.

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