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(영문) 수원지방법원 2018.08.07 2018고단2952
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 11, 2018, the Defendant assaulted on one occasion the victim’s left side b apartment house with 112 reported “on the front of the front door of the B apartment house,” which read “on the front of the front door of the B apartment house, there is a scambling to be taken for returning home from D by the victim of the victim of the police station located in the Seosung-dong Police Station C police Station in the Seosung-dong Police Station, which called “n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't n't kn'

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Reporting case handling table;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes to a report on investigation (report on the confirmation of field pictures);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

Defendant recognized the instant crime.

Defendant appears to have caused the instant crime by contingency, and the degree of assault against victimized police officers is relatively minor.

There shall be no history of criminal punishment except for a fine imposed by a defendant once.

It seems that the defendant's health is not good due to depression.

Circumstances unfavorable to the defendant are as follows:

The defendant used violence against police officers called out during his house guard.

The damaged police officers were punished for the defendant.

Nevertheless, the Defendant did not appear to be against the truth by asserting that it was responsible for police officers or third parties to commit the instant crime.

The defendant was sentenced to a fine of one million won for a crime of violence in 2016.

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