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(영문) 수원지방법원 안산지원 2014.08.28 2014고단1741
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. At around 16:50 on May 2, 2014, the Defendant: (a) received a 112 report from the fourth floor driving school of the building B in front of the instant fourth floor; and (b) demanded the victim D and E, a police officer belonging to the Sinung Police Station, to return home, who is a police officer belonging to the Sinung Police Station C commander of the said building, and requested the victim D and E to return home; (c) out of the F, the Defendant, who is the manager of the said building, expressed that “I want to open, gring, cut, ring, and go to the police station; and (d) sent to the police station to openly insult the victims.”

2. While the Defendant took a bath as stated in Paragraph 1 at the same date, time, and place as stated in Paragraph 1, the Defendant interfered with the performance of official duties by a police officer in relation to the maintenance of order, who was a police officer affiliated with the police box of the Sinung Police Station, on one occasion of the defect that D would not take a bath to the Defendant, thereby obstructing the performance of duties by a police officer in relation to the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the F's written statement to the Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act is against the defendant, there is no record of punishment heavier than the suspended sentence, the circumstances of the crime in this case and the degree of violence

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