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(영문) 수원지방법원 2018.04.26 2017고단8591
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 26, 2017, the Defendant interfered with the performance of official duties: (a) the police box belonging to the Ansan-si Police Station C police box belonging to the Ansan-si Police Station C police box, which was called out after having received a report of 112 stating that he was fluoring his family 4.14 of the members of Ansan-si, Ansan-si, Ansan-si, 2017, asked the Defendant on his personal information, the circumstances of the case, etc.; and (b) refused the investigation and refusal thereof.

"........................................

Around that time, the Defendant was arrested of a flagrant offender under suspicion of interference with the Defendant’s act of assaulting and performing official duties against E and F, and was aboard the patrol vehicle, and the Defendant her face of G with the police officer assigned to the said patrol box was quih to the police officer, and the Defendant assaulted the police officer assigned to the same patrol box one time to walk the H’s clothes.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

2. On November 26, 2017, around 05:50 on the street, the Defendant: (a) expressed, as indicated in the preceding paragraph, that the Defendant was arrested in a flagrant offender, on the back seat of the patrol car No. 33 of the police station of the Ansan-si, Ansan-si, Ansan-si; and (b) expressed, “I am son, son, son, son.” The back seat of the front seat, which was installed in even even in the door of the vehicle, was damaged so that the market value of the Defendant’s repair cost can be increased, such as the number of strings installed in the shape of the vehicle.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. Side photographs of G or H assaulted part;

1. Application of Acts and subordinate statutes to photographs damaged by patrol vehicles;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense (the point of impairing goods for public use) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The reflection of the fact and the fact that there is no previous conviction in the same kind);

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