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(영문) 수원지방법원 성남지원 2017.11.28 2017고단2469
공무집행방해등
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

1. On July 24, 2017, the Defendant: (a) received a report from the Defendant on the front side of the C Hospital located in Seongbuk-gu, Sungnam-si; and (b) received the report from the Defendant, the Defendant committed an assault, such as, under the influence of alcohol, that the police officer D et al., dispatched to the scene of the branch police station at the time when checking the Defendant’s 112 report, leaving the door of shuttletle bus riding in front of the branch police station at the time of the branch police station at the time of the branch of the branch police station at the time of the 112 report; and (c) committed an assault by the police officer on the part of the Defendant, by blocking the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

2. On July 24, 2017, at the same place as Paragraph 1, around July 21, 2017, the Defendant who damaged property appears to be the “F” in the facts charged against the victim E, which the above police officers were built on the road A while going to India, regardless of whether the Defendant was up to the roadway as above, appears to be the clerical error.

By cutting off the off of the Obaba, it has impaired its utility by destroying the handbags, etc. so that the repair cost would be equivalent to KRW 825,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of each statute on photographs;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Act on the Suspension of Execution (Considering the following circumstances: (a) Article 62(1) of the Criminal Act (i) reflects the Defendant’s mistake; (b) the degree of tangible power the Defendant has exercised; (c) the Defendant simply agreed with the owner of Oralba; and (d) the Defendant is an initial offender who

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