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(영문) 수원지방법원 2015.11.30 2015고단4701
공무집행방해
Text

Defendants shall be punished by imprisonment for three months.

However, as to the Defendants for one year from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

1. On October 8, 2015, Defendant A abused D from the mutual drinking house called “E” operated by D in Suwon-si, Suwon-si, Suwon-si, and upon receipt of a report on 112, Defendant A sent D to the field by the head of the police station G and the head of the police station affiliated with the F District of the Suwon-gu, Suwon-si, Suwon-si.

After ascertaining the circumstances of the instant case by G and H, the Defendant arrested the Defendant as an offender in the crime of assault, and laid down the body of G in the patrol vehicle beyond the floor by putting the body of G in hand and putting it into the floor by hand, and then embling the body of H into the floor by hand.

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

2. The date and time set forth in paragraph (1) of this Article, and at the place, the Defendant, the husband of the Defendant, was arrested as an offender in the act of assault from the police officer G of the Suwon East Police Station F District, G of the Suwon Police Station, and the police officer H of the police officer, and assaulting the Defendant, such as: (a) the Defendant’s husband was arrested as an offender in the act of assault; (b) the body of G was tightly pushed down; (c) the left shouldered the body of H by putting the body of the Defendant on hand; and (d) the Defendant’s husband was unable to use the manual to be used by H by hand.

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

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of H and G;

1. Application of statutes on field photographs and damaged photographs;

1. Defendants of relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants: Imprisonment with prison labor;

1. Defendants of suspended sentence: The reasons for sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] where the scope of mitigation area (one to eight months) is insignificant (special mitigation person] (decision of sentence] the extent of violence, intimidation, and deceptive scheme is minor (decision of sentence), as stated in its reasoning, and the reasons why the Defendants used violence.

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