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(영문) 수원지방법원 안산지원 2017.03.16 2017고단98
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 29, 2016, the Defendant was sent to the site by the victim E et al. and one other than the police officer belonging to the police station D police station of Ansan, who was called up after receiving the report of 112 that “Ac convenience store located in Ansan-si, 00:30 on December 29, 2016, the Defendant was written next to the next.”

Mauritius Mauritius도요

"Abreging the police wreging, frighting, frighting, frighting, frighting, frighting, frighting, frighting, frighting, and frighting."

In order to protect police officers from Jinsan-si Park, Seosan-gu, 82 (Loman Park for the Disabled), the Defendant: (a) followed the patrol and moved to the above place after leaving the seat; (b) opened the patrol, opened the boom with favorable after the patrol; (c) arrived in front of the above Jin-si; (d) opened the police officer again on the floor of the horse at the patrol; and (c) opened the police officer again on the floor of the patrol; and (d) laid off the brue at the front of the said Jin-si; and (d) laid off the boom and boomed the bru on the floor.

피고 인은 위와 같은 날 00:55 경 위 진 생도 앞에서 바닥에 누워 있는 자신을 위 순경 E이 일으켜 세우려고 허리를 구부리자, 갑자기 구두를 신은 오른발로 순경 E의 입 부위를 걷어찼다.

As a result, the defendant assaulted the police who is performing public duties to protect the lives and bodies of the people, thereby hindering the execution of legitimate duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (i.e., when the sentencing is more favorable) include the Defendant’s age, sexual conduct, environment, background leading to the instant crime, means and result, circumstances after the instant crime, sentencing guidelines, and other various conditions of sentencing as shown in the argument in the instant case. However, the following circumstances should be considered in particular: (a) the police officer who is performing official duties committed assault.

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