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(영문) 수원지방법원 2018.12.19 2018고단5640
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2018, at around 03:20, the Defendant confirmed the instant circumstances of the case F, F, and the Defendant, who was sent to the scene after receiving a report of 112 in the vicinity of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, the police box affiliated with the Suwon-gu, Police Station Down-si, which was called to the site, was arrested as a flagrant offender of the crime of assault, by leaving the above site and leaving the scene to be discovered due to the failure to pay a fine.

At around 03:25 on the same day, the Defendant: (a) around the same day, at the vicinity of the same Gu H, loaded the Defendant into the patrol vehicle; (b) resisted the patrol vehicle in the back seat of the patrol vehicle; and (c) resisted to the arrest of the Defendant; and (d) the chief of the police station, who was called to the scene upon receiving a request for assistance, sent the police station to the scene, in order to put the Defendant’s abstin in the direction near the back of the patrol vehicle; (b) taken the face of the said I once, and carried out a part of the outside part of the police box, which was put into the said I once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements prepared in J, K, and F;

1. Application of Acts and subordinate statutes, such as field photographs, photographs of the victim's side photograph, photographs of the damaged police officer's body photograph, photographs to capture the damaged police officer, CDs of each CCTV, photographs of each CCTV image, pictures of the 112 reported case processing, and records of the recording;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area (from June to June) of the sentencing criteria shall not interfere with the execution of public duties;

2. The crime of this case, which was determined to be sentenced, is not deemed to have been committed by a police officer having legitimate execution of duties, and there is a good quality of the crime of this case, there is a record of punishment several times due to a previous crime of violence, the defendant is committing the crime of this case, and other assaults.

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