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(영문) 수원지방법원 2013.06.05 2013고단1669
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 11:45 on March 21, 2013, the Defendant, after receiving a report on the fact that he/she has a de facto marital relationship with D, having a de facto marital relationship, and had his/her body fighting, he/she saw that he/she “Isson and female spawn?” from the police officer of the Suwon-nam Police Station E box of the Suwon-gu Police Station E box of the Suwon Police Station, called “Isson, I am for our family because Isne police officers. I am for our family. I am for my. I am for what I am to am? I am? I am for you? I am for 2, 3 times, and f’s left hand, etc. by entering Korea.”

As a result, the defendant assaulted F and interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. The application of Acts and subordinate statutes to photographs of damaged parts and investigation reports;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order [the scope of punishment by law] 1 to 5 years [the determination of the type of crime ] , the crime of obstruction of performance of official duties, the first category of obstruction of performance of official duties / [the scope of punishment ] / [the scope of recommendation ] / the basic area (the decision of sentence ] / the defendant, including imprisonment 6 months to 1 year and 4 months] / among them, there are a number of criminal records including punishment / there are fines due to the crime of obstruction of official duties, and violence and intimidation of police officers performing official duties are highly likely to cause such danger and social criticism, it is necessary to severely punish the defendant.

However, there are various kinds of arguments in this case, such as the motive, means and result of the crime of this case, the circumstances after the crime, the age, character and behavior of the defendant, family environment, etc.

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