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(영문) 수원지방법원 2018.02.09 2017고단7419
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On October 14, 2017, the Defendant: (a) 19:40 on the fourth floor of Osan-si B, Osan-si (hereinafter “D PPPC”); (b) was able to take a bath for the said CPP employees E and his/her name on a large scale to customers with whom the said CPPP employees E and his/her name cannot be identified; and (c) was able to take a walk by walking the b0 minutes.

Accordingly, the Defendant interfered with the operation of the victim's scambling by force.

2. The Defendant interfered with insult and performance of official duties at the above time, at the same place, and at the above time, on the ground that the victim G, a police officer belonging to the police box of the Jindong Police Station Fadong Police Station, sent out after being reported as 112, was prevented from committing himself/herself. However, in the case of having been heard by several persons, such as E, who is an employee of the above scambling, he/she was “I are in the case of this sponse, who is the police,” the victim was “I are in the case

The victim openly insultingd the victim in a large amount of “abrut, glass, and abrush,” which reads the rash, rash, and abrut.

Defendant continued to be asked by the above police officer G about his personal information and the background leading up to interfering with the scambling business, by hand, and assaulted G’s bridge part on a hand.

Accordingly, the defendant openly insulting the victim G, and assaulted the police officer G to interfere with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement protocol with respect to G and C;

1. A written statement prepared in H and E;

1. Application of the accusation petition, field photographs of the case, assault-related photographs, and CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 136(1), 314(1), and 311 of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment, respectively;

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. Suspension of execution under Article 62(1) of the Criminal Act provides unfavorable circumstances to the grounds for sentencing under Article 62(1) of the Criminal Act - Punishment of a fine due to a crime of interference with business operations on January 2017.

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