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(영문) 수원지방법원 안산지원 2016.07.20 2016고단2030
공무집행방해
Text

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

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

Reasons

Criminal facts

On March 23, 2016, the Defendant was found to have no philodddds within the clusium in the Dolsan-si Group B and the 4th floor in Ansan-si, Seoul Special Metropolitan City.

12 The report was stolen, and the police box affiliated with the police box of the member police station was sent to the above place by E and F.

Defendant 1: “CCTV click,” even though the police officers called “CCTV clicks” at the slickhouse.

C, whether the police is to be designated

“Along with the desire to be called “A” and assaulted the shoulder part of the said E’s chest and the above F on one occasion each, and obstructed the police officer’s legitimate execution of duties concerning the mobilization of the 112 Report.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E, F, and G;

1. A report on investigation;

1. Application of the law to the victim photograph [the defendant's assertion is without merit, in light of the records of damage to E and F, witness G's witness's testimony, etc., although the defendant alleged that he/she had no memory under the influence of alcohol.]

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the punishment of the accused is too low, but the accused is contrary to the overall recognition of the crime, and the accused has no same criminal record: The scope of the recommended punishment according to the sentencing criteria: From six months to four months, and from six months from one year to four months, and the basic area of interfering with the execution of official duties (the obstruction of the performance of official duties and coercion of duties);

1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.

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