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(영문) 수원지방법원 2016.04.07 2016고단523
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2016, the Defendant came to be an agent and a trial officer in front of the department store of the Shindong-dong, Suwon-si, Suwon-si, Seoul Special Metropolitan City on January 7, 2016, and upon receipt of 112 reports, sent to the site by C and Police Officer D.

피고 인은 위 C, D으로부터 대리요금을 지불하고 귀가하라는 말을 듣자, ' 씨 발 놈 아, 짜 바리, 짭새, 좆같은 새끼야 내가 우습냐

‘Abruting’ with a large portion of ‘D’, the chest was bruted three times, the chest was bruted, and assault was committed in a way that the said C was crutd and was brutd by body.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of the respective Acts and subordinate statutes of E and C;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who has committed any offense heavier than that of a person who has committed any offense)

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from June to January 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to April) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. The sentencing took place by the Defendant with the desire of the police officers in the course of performing official duties. Considering the content of the instant crime and the method of committing the crime, etc., the nature of the crime is not that of the crime.

However, considering the fact that the defendant repents and reflects the defendant's mistake, there is no record of punishment exceeding the fine, the victims have deposited a certain amount of money, etc., and taking into account all kinds of sentencing conditions and sentencing guidelines recorded in the records, such as the defendant's age, sex, family relation, etc., the sentence shall be imposed as ordered.

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