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(영문) 수원지방법원 2014.12.18 2014고단5800
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 24, 2014, the Defendant: (a) received a 112-day report from the cultural distance prior to the Osansan Station, and called for the fighting of the Defendant, etc., and received a 112-day notification to the Defendant; (b) carried the face part of D’s face part of the police box belonging to the Sungdong Police Station C, which called for the fighting of the Defendant; (c) took the front part of the port by entering the port; (d) walking the left part of the police box; (e) obstructed the legitimate performance of duties by the police officer by walking the buckbucket inside the left part of E belonging to the same police box, and at the same time interfered with the victim D with the legitimate performance of duties by the police officer; and (e) inflicted injury on the victim E, such as the spaw unit, etc. requiring approximately two weeks medical treatment; and (e) injury on the left part of the fleet, which requires approximately two weeks medical treatment for the victim E.

Summary of Evidence

1. Statement made to D by the police;

1. A written statement of F and E;

1. Evidence photographs;

1. Each injury diagnosis report attached to the investigation report;

1. Application of the Acts and subordinate statutes to photograph a witness, a video photographer or photograph accompanied by the investigation report;

1. The point of obstructing the performance of official duties by relevant legal provisions on criminal facts: Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

1. The reasons for the sentencing of Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] The scope of mitigation area (one month or August) of the obstruction of performance of official duties (special mitigation) [where the degree of assault, intimidation, and deceptive scheme is minor, the scope of comparison between punishment and recommended punishment: one month or eight months [Pronouncement Decision] shall be determined by imprisonment with prison labor for the defendant within the scope of recommended punishment set by the sentencing guidelines, and four months shall be determined by the sentencing guidelines, and efforts shall be made for recovery of damage, such as deposit with police officers and recovery of a certain amount of money, and the depth of incidental punishment shall be taken into account, and the execution of the sentence shall be postponed for a certain period of time.

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