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(영문) 수원지방법원 성남지원 2017.09.20 2017고단376
공무집행방해
Text

The sentence of sentence against the defendant shall be suspended.

The defendant shall be subject to the protection observation for a period of one year and the protection observation period.

Reasons

Punishment of the crime

While the Defendant, on February 8, 2017, under the state that he was unable to discern things or make decisions due to the on-site illness, the Defendant: (a) on the first floor of the 134 Maart, which was in an unlawful way in the area of Sungnam-si, Sungnam-si; and (b) on the first floor, “A police officer D belonging to the district unit of the branch police station, who was dispatched upon receipt of a 112 report, expressed the Defendant that “I need to cause son’s problem,” and the Defendant expressed his desire to “I Y, I am, and I am soon back,” and notified D that he could be arrested as an insulting offense; (b) notified D’s face, and then, (c) notified D’s assault and assault D’s bridge, etc., and obstructed the execution of his duties, such as assaulting D’s bridge, thereby obstructing the police officer’s legitimate execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to photographs by reporting an investigation (Interference with the performance of official duties), a photograph of damage, or a photograph of video images;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. A fine of three million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. The reason for sentencing under Article 59-2(1) of the Criminal Act, Article 44-2(1) of the Medical Care, Care, Custody, etc. Act is as follows: (a) the Defendant committed the instant crime in a state of mental and physical weakness due to early illness and thus, it seems that the Defendant’s treatment should take precedence over the Defendant’s severe punishment; and (b) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, including the circumstances after the commission of the crime, etc., and the sentence of a fine is suspended by comprehensively taking account of various sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments, such as the Defendant’s age, sex and behavior, environment, motive, means and consequence of the crime.

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