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(영문) 수원지방법원 2020.01.17 2019고단7253
공무집행방해등
Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to imprisonment with prison labor for eight months at the Suwon District Court on August 9, 2018 and was sentenced to a suspended sentence of two years for the purpose of obstruction of performance of official duties, and the said judgment became final and conclusive on August 17, 2018.

【Criminal Facts】

1. Around 01:25 on Nov. 16, 2019, the Defendant insultd the victim by openly speaking the victim for about three minutes, such as “Woo kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb

2. On November 16, 2019, the Defendant: (a) around 02:35, the police box in the Man-si Sin-si Sin-si Sin-Man-si, the Defendant: (b) sent a lock box to a toilet in which he was arrested as an offender in the crime of insult and was sprinked; (c) wanting to smoke; and (d) want to get out of the room to stop smoking again to prevent the Defendant’s escape; and (d) sound F of the police box in the Dong-dong Police Station C commander of the Dong-dong Police Station in the Dong-dong Police Station, which he tried to take out, the Defendant tried to get out of the room for smoking, and tried to take out again the lock for preventing the Defendant’s escape.

Accordingly, the defendant interfered with the legitimate execution of duties concerning criminal investigation such as the management of a police officer's flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to D or F;

1. A report on internal investigation (afix of photographs by analyzing dynamic images and capturings);

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (previous and confirmation of period of suspension of execution) and statutes;

1. Article 136 (1) and Article 311 of the Criminal Act and the choice of punishment for the crime;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.

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