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(영문) 수원지방법원 안양지원 2015.10.16 2015고단849
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The facts charged are also stated in the facts that the defendant took a bath, but the prosecutor did not prosecute the facts as a crime of insult, and the defendant's intimidationd a public official in the performance of his duties is not deemed to have been prosecuted. As such, among the facts charged, the part corresponding to the obstruction of performance of duties (the part of violence against a public official performing his duties) among the facts charged is organized as follows and recognized the facts charged

At around 05:30 on June 15, 2015, the Defendant received 112 reports on the case of assaulting E from the Defendant in front of the “D” located in Ansan-gu, Ansan-si, Annyang-si, and then sold the face of the F District Police Officers G belonging to the F District to arrest the Defendant as a flagrant offender of the assault, and used spits, spits, etc. on the right buck.

Accordingly, the Defendant assaulted a police officer in charge of reporting 112 and arresting flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area of the obstruction of performance of official duties (decision of sentence between six months and one year and four months) [decision of the suspension of performance of official duties] The crime of obstruction of performance of official duties is a crime detrimental to the function of the State by impeding the exercise of public authority, and is severely punished. The defendant's crime is spiting or spiting the face of police officers by drinking the face of police officers, and the degree of the assault is serious and the nature of the crime is very poor, and the punishment has already been imposed twice due to violence-related criminal behaviors. In light of the above circumstances, it is sentenced to six months of imprisonment, but not to repeat and repeat the crime. Family members and persons are leading to the punishment of imprisonment without prison labor or more.

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