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(영문) 수원지방법원 안양지원 2016.01.28 2016고단10
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 20, 2014, the Defendant was sentenced to two years of imprisonment and six months of imprisonment with prison labor by obstructing the performance of official duties at the Suwon Franchising Method Board. On May 29, 2015, the Defendant completed the execution of each of the above punishment at the Ansan Prison.

On December 28, 2015, the Defendant filed a report on sexual assault case directly with 112 on the ground that he/she was aware that he/she was sexual assaulted by D Do dan E in front of the Do dan Do Ga Ga Ga, which was located in Ansan-si, and that he/she was aware that he/she was sexual assaulted by the said Do Do Do Ga Ga Ga Ga.

After receiving the Defendant’s report 112, police officers, such as the F District G, etc. of the F District of the Police Station, sent out to the police station and solicited the Defendant to return home to the Republic of Korea, and the Defendant expressed that he did not properly respond to his own claim, and assaulted the police officer’s G arms, such as: (a) moving out the string, taking the strings into the strings; (b) moving out the strings and chests into the Defendant’s arms on the ground that he did not properly respond to his claim.

Defendant spits, spits, etc. on several occasions on the face of G police officers’ face and spits on the back of the patrol vehicle even after he/she was arrested in a flagrant act due to the above crime, and spits, etc. on the back of the patrol vehicle, thereby obstructing police officers’ legitimate performance of duties concerning the handling of reports and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement of the police statement related to G;

1. An investigation report (a document attached to patrol booms and video images of scamblings-one video CDs);

1. Previous convictions: Inquiries about criminal history and application of each investigation report (report attached to the latest same kind of court rulings, etc. and confirmation of the facts of crimes during the period of repeated crimes);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended sentence: Imprisonment with prison labor for one year to four years.

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