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(영문) 수원지방법원 평택지원 2015.06.26 2014고단1604
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On September 17, 2014, the Defendant: (a) around 00:15 on September 17, 2014, the victim B (the age of 38) who was a proxy engineer at the entrance of the 1 complex of the Yanju apartment complex located in Pyeongtaek-si 61-gil, expressed his desire to ask the Defendant to leave the destination; (b) carried the victim’s blap with his hand; and (c) took the victim’s face by drinking.

Accordingly, the defendant assaulted the victim.

2. At around 00:25, Sept. 17, 2014, the Defendant, at the same place as the above paragraph (1) and the Defendant, who was requested the victim D (the police officer at the Pyeongtaek Police Station C police box) to voluntarily conduct an investigation of the assault case from the victim D (the age of 42) who was a police officer at the Pyeongtaek Police Station C police box, and the above b and the criminal actors heard, saying, the Defendant “Ie Machip A. Madro was fri, who was assaulted in the past, and she was frighten. d., who was f. f. f.,

Accordingly, the defendant openly insultingd the victim.

3. On September 17, 2014, from around 00:30 to around 01:10, the Defendant committed assault, such as assault, etc., to D, who was compelled to return home from the above D, who was voluntarily driven by the C police box located in Pyeongtaek-si, and who was demanded to return home from the said D. Such assault was committed.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement made to D by the police;

1. A photograph of a CCTV image data closure;

1. Reporting to a department related to 112 Incident;

1. Each statement of B and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 260 (1) of the Criminal Act concerning the crime, Article 311 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. From among concurrent offenders, the reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is the first type of the crime of violence (in the case of concurrent crimes), the degree of the assault (in the case of general violence) is minor.

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