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(영문) 수원지방법원 2018.10.10 2018고단4377
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 31, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor due to interference with the execution of official duties at the source of guard method and completed the execution of the sentence at the Suwon Detention House on February 3, 2018.

On July 31, 2018, the Defendant 22:2, on the front of the cafeteria “C” restaurant in Suwon-si B, Suwon-si, the Defendant flabed “A”, and flaged a flag by a person who is under the influence of alcohol while drinking.

“Around 112, the police box of the Suwon Police Station D, which was called upon the 112 report, was expressed as “Abrepted, flav fe.,” and assaulted twice the face of the said E by drinking, in order to encourage the head of the police box affiliated with the police box of the Suwon Police Station D to return home from E.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement in F and G preparation;

1. A photo of the damaged part;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as attachment of written judgments, attachment of personal confinement status, criminal history, etc.;

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

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

1. Aggravation (1 year to 4 years) in the aggravated area (a year to 1 year) (a person subject to special sentencing) of the sentencing criteria: Cumulative repeated crimes of the same kind, the scope of punishment [the scope of the recommended punishment] in the sentencing criteria; and

2. In light of the fact that the Defendant, who was sentenced to imprisonment for the same kind of crime, had a number of criminal records related to the instant crime, including the past record of having been sentenced to imprisonment for the same kind of crime, and, in particular, the Defendant again committed the instant crime because he did not know during the period of repeated crime due to the same criminal record and did not know himself, and the nature of the crime is not good by assaulting a police officer performing official duties, and the Defendant

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