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(영문) 수원지방법원 2016.08.10 2016고단1405
공무집행방해등
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

[2016 Highest 1405] On February 9, 2016, the Defendant: (a) received a report from the police officer D (47 tax) called the Defendant to the effect that he/she would assault the Defendant in the act of assault; (b) he/she attempted to arrest the Defendant in the act of assault on the part of the police officer on the part of the crime of assault; (c) the Defendant’s face was 1 time at one time on the floor of the police officer on the part of his/her own by assaulting the Defendant, i.e., a vehicle walkinging the D’s left side bridge; and (d) obstructed the police officer’s legitimate performance of public duties on the duty of reporting 112 mobilization by assaulting the police officer.

[2016 Highest 1908]

1. On April 2, 2016, the Defendant damaged the property by walking the front rear door of the said vehicle two times by walking the vehicle, on the ground that the vehicle was parked in front of the 1st apartment guard room in Yongsan-si, the 18:25, on the road of the 1st apartment of the 1st apartment of the 2016-si, and on the road of the 2nd apartment of the 1st apartment of the 2016-si.

2. In the first apartment guard room around April 2, 2016 at around 18:30, the Defendant: (a) on the ground that the Defendant was parked on the side at the entrance of the guard room and did not manage it in the guard room despite being parked in the guard room; (b) on the ground that the Defendant was not in charge of the Plaintiff G (68 years old) who is a security guard.

"Along with sound, the part of the victim's neck was tightly pushed up twice by hand, and the part of the victim's right is tightly walking once, so that the victim's right-hand mouth was in need of treatment for about 14 days for the victim, and the victim suffered injury, such as light dump for about 14 days.

Summary of Evidence

[2016 Highest 1405]

1. Legal statement of the witness D;

1. Statement made by the police with H;

1. A damaged photograph (2016 Height 1908);

1. Legal statement of witness G;

1. Partial statement of witness E;

1. A written diagnosis of injury;

1. Analysis of CCTV images;

1. Application of statutes, such as photographs of victims;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act (the point of destroying property), Article 257(1) of the Criminal Act (the point of injuring property), the choice of imprisonment with prison labor;

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. Article 62(1) of the Criminal Act:

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