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(영문) 수원지방법원 평택지원 2017.07.20 2017고단1188
공무집행방해
Text

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

Reasons

Punishment of the crime

[criminal experience] On October 15, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of obstructing the performance of official duties in the Suwon District Court’s Pyeongtaek District Court’s House, and on April 18, 2016, the Defendant completed the execution of the said sentence in the Incheon Prison’s House.

[2] On June 8, 2017, at around 14:50, the Defendant: (a) the Defendant: (b) the Victim F (31) who was a bus engineer and the Si guard on the front of the D Hospital located in Pyeongtaek-si; and (c) was called up after having received 112 reports; and (d) the Defendant f (31) who was a police officer belonging to the Pyeongtaek-si Police Station E District; and (c) the Defendant f (31) the Defendant was able to return to the Defendant several times, without any reason,

2. The 2nd head of the Silsi, who expressed his desire to do so, assaulted the part of the victim's arms, such as the victim's shoulder, the victim's shoulder, and the victim's shoulder by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (in addition, such as the search of a person subject to investigation, search of information on prisoners, search of field CCTV images, judgment of interference with performance

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] Article 35 of the Criminal Act [the grounds for sentencing of aggravated repeated crimes] : (a) the area of aggravation (one year to four years of interference with the performance of official duties) [special aggravation] of the same type of repeated crime [the person who has been sentenced five times to imprisonment due to interference with the performance of official duties] 20 criminal records related to violent crimes including the act of being sentenced five times of imprisonment with prison labor due to interference with the performance of official duties, and (b) the crime of this case was committed under the influence of alcohol during the period of repeated crime.

The police did not neglect the investigation and did not recognize the seriousness of its character and behavior.

However, in this case, the degree of violence inflicted upon police officers is not strong, the crimes have been divided, and the defendant's family members want to take the defendant's seat.

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