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(영문) 수원지방법원 안산지원 2016.10.07 2016고단3049
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 12, 2016, at around 06:35, the Defendant took a bath to request the payment of taxi charges from D, a policeman belonging to the Gyeonggi Mine Police Station C police station, who was not paying the taxi charges at the front of the police box in front of the light patrol box in B on August 12, 2016, and committed assault, such as walking the bridge of the said D, cutting the arms with a hand, cutting the neck, cutting it on his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act is that obstruction of the performance of official duties is an infringement on legal order and public authority.

In addition, the crime of this case has been committed even though it had the same criminal power.

However, the mistake is recognized and reflected.

In addition, the degree of violence, age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc. of this case and all the sentencing conditions specified in the records and arguments shall be determined as ordered by considering the following factors.

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