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(영문) 수원지방법원 안산지원 2015.12.08 2015고단3094
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. On September 24, 2015, the Defendant: (a) committed assault against the police officer C and D belonging to the Mine Police Station, who called “I would have fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting .............”; (b) the Defendant, who puts drinking, was able to take a bath to E; and (c) the Defendant, who puts a drinking, was fluordd by “Chewing rings, sprinks, and Ethys................”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

2. The Defendant damaged public objects by assaulting police officers at the time, time, and place mentioned in Paragraph 1, and arrested a flagrant offender as a crime of obstruction of performance of official duties at around 23:10 on the same day, and thereby, damaged the patrol vehicle, which is a public object, to take the 495,990 won of repair cost by walking the cryle safety board installed inside the patrol vehicle with sound, stating that the cryle safety board is “if crying” inside the said patrol vehicle and walking the inside, thereby damaging the patrol vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, and F (No. 5 to 7)

1. Application of Acts and subordinate statutes, such as related photographs, estimates, and victim-related photographs;

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The following factors shall be taken into account: (a) the facts of the instant crime are less complicated; (b) the facts that the instant crime was committed in favor of the Defendant; (c) the facts that the Defendant commits contingent crimes; (d) the first offender; and (e) the family circumstances of the Defendant; and (e) other factors for sentencing under Article 5

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