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(영문) 수원지방법원 안양지원 2016.09.20 2016고단757
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 May 10, 2016, around 09:50 on May 10, 2016, the Defendant: (a) expressed a bath to the victim E (49 years) who was in the said marina for the supply of the said marina for the purpose of supply; (b) carried a hand-off of the hand-off of the victim; and (c) carried the victim’s breath, by hand, carried the victim’s breath; and (d) carried the victim’s breath, which is a dangerous object at the same time, got the victim of the hack pole.

Accordingly, the defendant assaulted the victim while carrying dangerous objects.

2. The Defendant was arrested as a flagrant offender under suspicion of special assault as described in paragraph 1, and was compelled to go to a police station G district district district district district district district district district district district district district district district district district district district district district where only F located in Mayang-gu, Mayang-gu, Annyang-si at the same time on the same day, and was going to take a bath, such as “this Chewing strings, kidsing,” going to work within the said district district, and she exceeded the exerciseization on which the Defendant reported by him/her, and led to the face of the H.

As a result, the defendant interfered with legitimate performance of duties concerning custody and protection of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H (Interference with the performance of public duties);

1. Each statement of E and I;

1. On-site CCTV data closure photographs;

1. Application of the Acts and subordinate statutes to capture CCTV data;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 261 and 260(1) (the point of special violence) of the Criminal Act, the choice of imprisonment for a crime;

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 Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommendations according to sentencing guidelines] special assault - Special assault crime mitigation area (Habitual, repeated, and special assault) - Special Sentencing person: In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered, the crime of obstructing the performance of official duties is one type (the crime of obstructing the performance of official duties and coercion of duties).

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