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(영문) 수원지방법원 2013.11.06 2013고단4336
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 03:00 on July 27, 2013, the Defendant: (a) taken a taxi in operation C on the roads located in Suwon-gu, Suwon-si; (b) took a bath to the said C without any justifiable reason under the influence of alcohol; and (c) took a bath from the slope E belonging to the Suwon Police Station D Boxes, which received the aforementioned 112 report; and (b) took a bath to the said E; (c) took a bath to the said E; and (d) took a part of the head of the said E on one occasion on the part of this part, he was able to spathize the flab of the said E, and was able to take a bath to the said E.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the dispatch of 112 declarations and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. Of the facts charged in the instant case, the Defendant, at around 03:00 on July 27, 2013, committed assault against the victim C (the age of 53) on the roads located in Suwon-si B, Suwon-si, in order to have the victim take a bath without any justifiable reason, and the victim demanded the victim to take a different vehicle in drinking at any time, thereby threatening the victim as if he/she would take a drinking, and the victim would be able to escape from the taxi, thereby threatening the victim as if he/she was flick, and the victim was flicked by his/her hand when he/she was flicking the victim's head with his/her flick, and the above crime was not prosecuted against the victim's explicit intent pursuant to Article 260 (3) of the Criminal Act. On October 24, 2013, the public prosecution agreement submitted by the victim pursuant to Article 327 of the Criminal Procedure Act shall be dismissed.

Although the defendant is sentenced to a fine for the reason of sentencing, there is a need for strict punishment against the defendant due to the records of the same or similar crimes.

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