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(영문) 수원지방법원 안산지원 2016.05.04 2016고단449
공무집행방해
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 12, 2016, Defendant A, while fighting with B and Si roads attached to B in front of the Sinsan City of Gyeonggi-do on February 12, 2016, the Defendant: (a) expressed that he was fighting from a slope F of the Sinsan Police Station Empic, which was dispatched after receiving 112 a report; and (b) took a bath to the said F, that “Is the police station if Is that I would like to go beyond frith, I would like to go with the said F,” and interfered with a police officer’s legitimate performance of duties concerning the report of 112 dispatch and on-site suppression of police officers, etc. by snicking the frith’s chest in three pusheds, and frithing the f.

2. Defendant B received 112 reports while fighting with A and Sibs as above at the same time and at the same place, and took a fighting box from G to the police officer belonging to the said police box who called to the scene, the Defendant obstructed the Defendant’s legitimate performance of duties regarding the dispatch of the report and the suppression of 112-on site by a police officer who was dispatched to the scene, by stating that “the person who reported the opening of this dog shall be dint to the person who has reported the opening of this dog,” and in his hand, flap the chest of the said G five times with his hand, and flaping the flab, and thereby, obstructed the Defendant’s lawful performance of duties regarding the said G’s 112-on dispatch and field suppression.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning G and F;

1. Application of the respective Acts and subordinate statutes of H and I

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The degree of assault for sentencing under Article 62-2 of the Criminal Code of the community service order is not so serious.

Defendants are able to recognize and reflect their mistakes.

In addition, the records of this case, including the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the theory of change shall be determined as ordered by the sentence.

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