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(영문) 수원지방법원 2018.05.24 2017고단6057
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 August 22, 2017, at around 22:25, the Defendant opened a opening of a entrance in which men and women are fluent with a large voice in this residence, a victim F (40 years of age) who is the police officer assigned to the police box (police officer) who was called out after receiving 112 reports that there was unauthorized intrusion at the front of the Defendant’s dwelling located in Suwon-si, Suwon-si, Suwon-si C.

The defect and the defendant shall open the entrance, and the victim shall not interfere with the household, and the death shall be discarded when anyone enters.

“The entrance is closed after the sound was sounded, and even after it was closed, the victim open the entrance and open the door by continuously sounding the sound.

On the other hand, the defendant opened the entrance and tried to open the entrance again, and the victim took the entrance door fast and opened into the entrance, and the victim sawd the victim's seat by his own hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of reported cases, and at the same time, the Defendant conducted multi-faceted inspections that require approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Photographs of the damaged part of the F by the police officer of the victim;

1. A medical certificate of injury - Application of Acts and subordinate statutes to victims;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service and Order to Attend Military Service Act, committed assault against a police officer who was in uniformed by his/her duties to prevent domestic violence, thereby impairing the public authority with regard to the enforcement of law.

The degree of tangible power exercised by the defendant is not somewhat weak.

The victim suffers not only physical pain but also physical pain.

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