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(영문) 수원지방법원 2017.01.23 2016고단7007
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2016, the Defendant: (a) at the police box of Suwon-si Police Station D in Suwon-si, Suwon-si, Suwon-si; (b) assaulted a taxi engineer and a taxi driver on the same day; (c) assaulted the taxi engineer on the same day; and (d) voluntarily accompanied the police officer in the police box belonging to the police station of Suwon-gu, the police station of Suwon-si, who was called up after receiving 112 a report by the taxi engineer, and was under investigation by the F of the police station belonging to the police station of Suwon-gu, Suwon-si, the Defendant took a serious bath to the police officer inside the above police box while taking a bath; and (d) the F took a bath to the latter; and (e) obstructed the F’s performance of official duties by assaulting the police officer who was performing legitimate duties concerning the dispatch of the duty of reporting 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G or F;

1. Application of Acts and subordinate statutes on the screen by cutting off on-site photographs and CCTVs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] There is no person [the person subject to special sentencing] in the basic area (six months to one year and four months) [the person subject to special sentencing] [the decision of sentence] [the defendant's circumstance and situation at the time of the crime, violence committed by the defendant and the degree of interference with official duties arising therefrom, circumstances after the crime was committed (the police officer injured by violence), the defendant's attitude of reflectness and criminal records (the reasonable history of the crime committed by violence) and other conditions of sentencing as indicated in the theory of records and changes.

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