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(영문) 수원지방법원 안양지원 2019.06.04 2019고단505
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 23:40 on March 8, 2019, the Defendant: (a) reported 112 to the C convenience store located in Ansan-si B, Ansan-si; and (b) led the Defendant to cut the F’s neck by drinking out the Defendant, i.e., the background E belonging to the D District in the Ansan-gu Police Station D District, and F to receive a notification disposition due to interference with business; (c) the Defendant was subjected to the notification disposition due to interference with business; (d) the Defendant b) cam, E’s chest by hand; (e) cam by hand, f’s spherb by hand; and (e) cat the f’s f’s humbbbbbbbk by hack; and (e) cat the Defendant.

The Defendant continued to block the front of the patrol car No. 23 aboard by the police officers, laid the front door door door door door door of the patrol car, cut off the glass door on the hand floor, cut off the glass door with the handlight, and obstructed the police officers’ legitimate execution of their duties concerning the handling of 112 reports and patrol.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an unfavorable circumstance against the defendant, such as the following: (a) the Defendant committed an assault against the police officers dispatched after having reported his/her failure at the convenience store; (b) the nature of the offense is bad; and (c) the Defendant had been punished several times due to violent crimes, etc. before.

On the other hand, there are circumstances favorable to the defendant, such as that the defendant's mistake is recognized and reflected, and that the defendant has no record of punishment in excess of the same criminal record or fine.

In such circumstances, the defendant's age, character and conduct, environment, background of the crime and circumstances before and after the crime shall be determined as ordered by taking into account various sentencing conditions.

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