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(영문) 수원지방법원 2018.07.13 2018고단2234
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 5, 2018, the Defendant: (a) around 14:50 on the front day of Suwon-si, Suwon-si, and (b) on the front day of the Dogwon-si.

“The Defendant is found to have discovered the Defendant who complained of the Assistant F of the Suwon Police Station Estation, sent out after receiving the 112 report, and tried to send him to a nearby hospital through the 119 first aid unit, who refuses to take a measure to return him to the nearby hospital, “sick ....................” The Defendant’s chests of the above F are carried out as his hand, and the Defendant continues to be “duplicated”.

“In the course of violence, the lower part of the said F’s chest was tightly sealed, such as shacking the lower part of the said F’s chest.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the CD-related Acts and subordinate statutes to mobile phone pictures;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), which is minor in the application of the sentencing criteria (the scope of a recommended punishment).

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

A favorable circumstance: A relatively insignificant degree of assault used by the Defendant, and the situation that the mental illness, such as a yellow disorder suffered by the Defendant, seems to have been partly affected by the crime: The nature of the crime of this case committed by the police officer during the performance of official duties, is not good, and the Defendant has been issued a summary order of KRW 5 million due to the crime of the same species in 2013.

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