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(영문) 수원지방법원 2016.09.07 2016고단4517
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 00:30 on August 3, 2016, the Defendant: (a) committed an assault against the Defendant at a neighborhood park near the 93 Busan High School in Suwon-gu, Suwon-si, Daejeon High School; (b) on the same day, at the neighboring park, the Defendant reported on 112, and sent out after receiving the notification of 112; and (c) separated the Defendant from the Defendant’s payment of the time frame with the said D District of Suwon High Police Station D District, the Defendant sent out, and (d) tried to take the cell phone camera of the Defendant’s entrance to prove the evidence of assault, and (e) stated the Defendant’s flow of the skin on the cell phone camera in order to obtain evidence of assault, and (e) stated that the Defendant took the above E’s cell phone camera, and took a heavy bath for the said E, and (e) took the said

Accordingly, the defendant assaulted the police officer who is performing legitimate official duties on the dispatch of 112 Report and obstructed the execution of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes of the list of damage photographs and 112 reported cases;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no person who has a basic area (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months), [decision of sentence] Although the defendant has been sentenced one time to a fine for the same kind of crime, and one time to a suspended sentence of imprisonment, the defendant again committed the crime in this case, and the nature of the crime is bad. However, in light of all the reasons for sentencing including the fact that the defendant was found to have committed the crime in this case while he was under the influence of alcohol, and that there are circumstances to be considered in light of the circumstances.

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