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(영문) 수원지방법원 안산지원 2015.08.19 2015고단133
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On December 16, 2014, around 19:30 on December 16, 2014, the Defendant obstructed the victim’s hospital management by force by avoiding disturbance, such as: (a) under the influence of alcohol, he discharged the victim D from the route of the E convalescent hospital where the victim D works in Singue C, with the victim D; (b) and (c) taking the victim’s desire to take a large amount to the victim and other patients.

2. On January 6, 2015, the Defendant interfered with the performance of official duties by committing assaulting the police officer’s legitimate execution of duties concerning the handling of 112 reports by committing assault, such as asking questions about the reason for reporting by the superintendent of the police box affiliated with the police box of the Silung Police Station, who was dispatched after receiving a report from 112 to the effect that “drawing, saleing, saleing, saleing,” from food materials f in Silung-si F at the time of Silung-si on January 6, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, H and J;

1. Written statements of D;

1. On-site photographs;

1. Application of CD 1 statute

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Second crimes (Interference with Duties) for which there is no basic sphere (six months to one year and four months) of the obstruction of performance of official duties (the scope of recommendations) within the scope of statutory punishment or recommendations (the scope of punishment for obstruction of performance of official duties) (the scope of punishment for obstruction of official duties) (the scope of punishment for suspension of official duties) (the scope of punishment for suspension of official duties for one to five years);

2. Normal circumstances favorable to the decision of sentence: The offense is bad, the damage has not been recovered, and others: the age, character and conduct, the environment of the defendant, the background of the offense in this case, and the circumstances after the crime, etc.

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