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(영문) 수원지방법원 2016.09.07 2016고단3848
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. At around 14:20 on June 28, 2016, the injured Defendant: (a) reported that the Defendant’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s wife’s husband’s husband’s husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband

2. Obstruction of Performance of Official Duties and the Defendant: (a) notified the victim G (the 33 years of age) who was a policeman at the Fabstation of the Sungdong Police Station, who was called out after receiving 112 reports on the said facts at the date, time, at the place stipulated in paragraph (1) above, and was arrested as a flagrant offender due to the suspicion of assault; and (b) carried the victim’s arms while moving along the patrol lane, the victim’s slebling, etc

As a result, the defendant interfered with the legitimate execution of duties by police officers regarding the arrest of flagrant offenders, and at the same time, the victim requires medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of G and E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations to commit the crime of bodily injury to victims E [the scope of recommendations] general, the basic area ( April to January, 16) (no special person) of category 1;

2. The details and background of the decision on the sentence of all crimes by the defendant, violence exercised by the defendant, the extent of damage caused thereby, and the crime;

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