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(영문) 수원지방법원 성남지원 2018.11.22 2018고단2010
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

On August 11, 2018, at around 22:10 on August 22, 2018, the Defendant: (a) received 112 reports related to the assault at “E” restaurant operated by the victim D in Seongbuk-gu, Sungnam-do; and (b) recommended the Defendant to pay the drinking value and return home; (c) the police officer’s legitimate performance of duties regarding the handling of 112 reports was obstructed by assaulting him/her at one time on his/her left side with his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the respective Acts and subordinate statutes of D and H

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, 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 Criminal Act on the suspended execution;

1. The fact that the reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized and contradictory to the fact that the defendant's age, environment, sexual conduct, motive and means of the crime, and circumstances after the crime are committed, and all the sentencing factors indicated in the records and changes theory of this case shall be comprehensively considered to determine the punishment as ordered.

Rejection of Public Prosecution

1. On August 11, 2018, at around 22:05, the Defendant: (a) received a request from the victim D to drink alcohol in the “E” restaurant operated by the victim D in Seongbuk-gu, Seongbuk-do; (b) sent the victim’s face at a drinking time; (c) taken off the victim’s right bream with the victim’s hand; and (d) assaulted the victim several times of his/her mouth.

2. Determination

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) and (1) of the Criminal Act;

B. On November 19, 2018, after the institution of the instant indictment, submission of a written agreement to the effect that the injured person does not wish to punish the Defendant.

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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