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(영문) 수원지방법원 안산지원 2013.10.31 2013고단2149
공무집행방해
Text

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

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

Reasons

Punishment of the crime

1. On December 10, 2007, the Defendant was issued a summary order of a fine of two million won or more due to a violation of the Punishment of Violences, etc. Act (joint property damage, etc.) in the Busan District Court’s Branch Branch on December 10, 2007, and on five occasions.

2. On August 15, 2013, the Defendant: (a) on the front side of the c'C' package of the c'C located in Ma-si B at Ma-si on August 15, 2013, the Defendant: (b) prevented the Defendant from opening a door door door to the front of the criminal mobile vehicle called out after receiving a report from the operator of the Ramoto from the Defendant that the Defendant fright

Therefore, in order to stop this, the Defendant: (a) stated in the vehicle that the horse E(32) belonging to the Gyeonggi-do Government Police Station, the Defendant carried the chest of the horse E in good hands; (b) stated that “Chack kack kack,” “Cack kack kack kack,” “Cack kack kack, chack chack chack, etc., chack chack chack chack,” and that he interfered with the legitimate execution of duties concerning the on-site movement and maintenance of public order of E, a police officer, at one time of the face of the horse E, when the horse E is demanded to return home.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. Each investigation report, inquiry into facts of crime, and photographic materials of the suspect;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Although Article 62(1) of the Criminal Act provides that the defendant has a different course of probation from that of the defendant, and there are circumstances unfavorable to the defendant, such as the nature of the crime and the significant result of the crime in this case, considering the method and consequence of the crime in this case, there is no criminal conviction or more than a suspended sentence due to the same kind of crime, and the defendant appears to have committed the crime in this case in a state of the principal and state, and the defendant is likely to have committed the crime in this case in a contingent manner. The defendant is clearly divided in depth, and his social relationship is obvious, and the detention of the defendant entails excessive difficulty to his family members, and the motive and background

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