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(영문) 수원지방법원 2018.04.12 2018고단1323
공무집행방해
Text

Defendant shall be punished by imprisonment with labor for up to six months: Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 03:20 on January 12, 2018, is the Defendant who continues to drink the alcohol while asking questions about the details of the report, etc. by C belonging to the Seocho-gu Police Station, which was dispatched after receiving a report from 112 on domestic violence at his/her own residence, and who continued to drink the alcohol at around 03:20 on January 12, 201.

After taking the above C’s hand, he knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee, the police officer of the same police station tried to take the above D's knee knee knee knee knee knee knee kne, and obstructed the police officer’s legitimate performance of duties concerning the duty

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. On-site photographs;

1. Investigation reports (as to the situation at the time of interference with the performance of official duties), the application of CCTV video CD-related Acts and subordinate statutes;

1. Article 136 of the Criminal Act and Article 136 of the same Act concerning the selection of applicable criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Community Service Order and Order to Attend Education, had been sentenced to a fine of seven times due to violent crimes and violation of Road Traffic Act (drinking) prior to the instant crime, the Defendant again committed the instant crime even though he/she had sufficient opportunity to become aware of his/her abnormal behavior and violent inclination. The Defendant committed an assault by the police officers who want to call out the situation of domestic violence with working uniform, thereby undermining public authority regarding the enforcement of the Act.

However, direct victims do not want to be punished for the crime of interference with the execution of official duties.

The defendant has committed the crime of this case by contingency, and is against the crime.

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