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(영문) 수원지방법원 2018.01.12 2017고단6486
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 1, 2017, at around 23:40, the Defendant was on board the patrol vehicle with police officers at the request of the victim D (24 years old), a police officer belonging to the Suwon Police Station C of the Suwon Police Station, who was dispatched after receiving a report of 112 that domestic violence occurred, in front of the Defendant’s residence located in Suwon-si B, Suwon-si.

After boarding the patrol vehicle, the Defendant: (a) exercised violence, such as drinking windows of the patrol vehicle without responding to the question of the victim; (b) opened a door at the patrol vehicle to prevent the victim; (c) took off from the vehicle with the victim; and (d) assaulted the victim with his hand by breaking the victim with his hand; and (c) cutting the victim with his hand.

As a result, the defendant interfered with the legitimate execution of duties by police officers on criminal investigations, and at the same time, he did not know the number of days of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs, photographs of victim D damage parts, photographs of a black stuff image, and photographs and diagnostic reports by capturing them;

1. Article 136 (1) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (no record of excessive injury or punishment exceeding a fine, confession or reflect);

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