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(영문) 수원지방법원 2013.09.11 2013고단3491
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 21, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for obstruction of performance of official duties, etc. by this court on December 21, 2012, and the judgment became final and conclusive on December 29, 2012 and is still under suspension of execution.

At around 04:25 on July 14, 2013, the police officer and one other belonging to the Sungdong Police Station D District D District D District D, called "one person is taking a trial expense" after receiving a report from 112 and took measures to listen to the circumstances of the case from the reporter on the roads of the F apartment at the time of harmony and return home to the defendant.

The Defendant, while under the influence of alcohol, she was on the back seat of the patrol vehicle, and she saw E as “scams and scams” to a policeman, citing and threatening the police scam from the patrol vehicle, she prices the part of E’s scams as the hand floor of the patrol vehicle, and assaulted by scambling the scam.

In this way, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Investigation report (12 reported and arrested reasons), investigation report (on the spot and at the time of arrest), photographs of damaged body, suspect photograph, image photograph, investigation report (the results of search of a person under investigation and 112 report) and investigation report (the phone of a reporter);

1. Previous records of judgment: The application of inquiry reports on criminal records, etc. and investigation reports (Attachment of previous records of stay of execution and judgment, etc.);

1. The reason for sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act on the crime committed by the Defendant requires strict punishment against the Defendant when considering the following: (a) the Defendant was sentenced to a suspended sentence due to the crime of obstruction of performance of official duties; (b) the Defendant again committed the instant crime without any reflection even though he was under the suspended sentence; and (c) the degree of assault is not weak; and (d) the risk

However, the defendant committed the crime in this court.

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