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(영문) 수원지방법원 성남지원 2018.03.21 2017고단3216
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On November 12, 2017, the Defendant asked about whether the victim E, who is a police officer of the Korean National Police Agency D of the Gyeonggi-do National Police Agency, dispatched to the site after receiving 112 a report, undergo an investigation after voluntary accompanying the assault case, and then prices the victim’s breast part of the chest as his hand.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation reports, notification to relevant departments reporting the 112 Incident, application of damaged photographs and CCTV-related Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. Determination of sentence [Opinion of Prosecutor] Imprisonment with prison labor for one year and six months / [Judgment] Suspension of the performance of public duties for six months is a serious crime that undermines the function of the State by nullifying legitimate exercise of public authority. The Defendant is sentenced to two years of suspension of execution on April 12, 2017, by obstructing the performance of public duties in the Sungnam Support of Suwon Friwon, which was sentenced to two years of suspension of execution on April 20, 2017, and the judgment became final and conclusive on April 20, 2017, which led to this case even during the suspension

However, considering the fact that the defendant confessions, and the degree of interference with the execution of official duties is not severe, etc., the punishment shall be determined within the scope of recommended punishment according to the sentencing guidelines by taking into account various sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

Rejection of Public Prosecution

1. The summary of the facts charged is as follows: (a) the Defendant is drunk in C parking lots located in Sung-nam-si A around November 12, 2017, where it is located in Sung-nam-si B.

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