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(영문) 수원지방법원 안산지원 2014.11.19 2014고단2368
공무집행방해등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. At around 00:40 on July 13, 2014, the Defendant: (a) received a report from the Defendant’s house located in Sinung-si, on the 112-round 00:40 on the 13th day of Sinung-si, and recommended the Defendant to set off domestic violence to the first floor and explain the situation from the Defendant’s slope E and policeman F belonging to the Sinung-gu Police Station D District Unit of Sinung-gu, which called “Yung-gu, I am, I am, I am, I am back to the victims, and am back to the floor, and used violence, such as the wheels of the Defendant’s face to E in his hand, etc.

As above, the Defendant interfered with the police officer’s 112 reports and legitimate execution of duties concerning the control of crimes.

2. In the process of being arrested by the above victim F from the above victim F at the above time and place, the Defendant destroyed the mobile phone so that the costs of repair can be avoided by taking out the aforementioned mobile phone from the victim’s owner, so that the victim’s cell phone can fall under the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A report on investigation;

1. Application of Acts and subordinate statutes, such as violence on the spot and photographs of victims, etc., and photographs of damaged articles;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

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

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence (hereinafter referred to as the grounds of sentencing) prevents police officers from performing their duties due to provokings against police officers dispatched after receiving a report by the defendant, and is a case damaging one mobile phone from among police officers, and the crime is not committed by assaulting police officers dispatched after receiving a report, and is still committed against the victim.

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