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(영문) 수원지방법원 안양지원 2017.12.19 2017고단31
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 22, 2016, at around 03:40, Samsung Village 1, which was located in Samsung C, Samsung City, Samsung 79, the Defendant: (a) received 112 report from a taxi engineer; and (b) talked with the Defendant to pay the taxi fee and return home at the site; (c) expressed the Defendant’s desire to pay the taxi fee to the Defendant; and (d) reported that C filed a civil petition for the taxi fee to the Defendant who resisted against the taxi fee, such as “slick, slick, slick, slick, etc.”; and (c) closed the direction that C filed a civil petition for the viewing of the taxi fee by hand, and assaulted C, such as having the Defendant sealed C’s left-hand shoulder at one time, and slicking C’s shoulder at a taxi more than twice.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act on the selection of punishment, reasons for sentencing of imprisonment [the scope of recommended punishment in the sentencing guidelines] - The area of mitigation (one month to eight months) where the degree of violence, intimidation, and deceptive scheme is insignificant (the decision of sentence): Where the defendant is minor in terms of the degree of assault, intimidation, and deceptive scheme (the decision of sentence): The defendant's mistake is recognized; the degree of assault is relatively minor; the defendant is not relatively excessive; the defendant was sentenced to one year of suspended sentence for six months of imprisonment on May 2016; and repeated the crime in this case during the suspended sentence period.

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