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(영문) 수원지방법원 안산지원 2017.06.09 2017고단1019
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 March 1, 2017, around 04:48, the Defendant demanded that E make a request for tobacco on the following grounds: (a) after entering the convenience store C of the building B in Silung-si, and without any justifiable reason, after receiving a report from the convenience store employee, sent the fright to the convenience store employee; and (b) after delivering the fright to the road outside the above convenience store by the flachip E belonging to the D District of the Silung Police Station D District, the Defendant sent the mobile phone loss to E; (c) however, there was no defect that E does not have any tobacco.

While taking a bath, the victim's right-wise and the left right-side mouth were assaulted on one occasion to walk the victim and interfered with police officers' legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

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

1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the defendant's reason for sentencing, the background leading up to this case, the contents of the assault committed to the victimized police officer, and the past record of punishment as violent crime, etc., it is necessary to strictly punish the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant has a depth of the instant crime; (b) it appears that the Defendant might have been confisced by drinking; and (c) the Defendant’s age, sex, environment, means and consequence of the instant crime; and (d) the sentencing conditions specified in the process of the trial and records, such as the circumstances after the crime

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