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(영문) 수원지방법원 평택지원 2018.05.11 2016고단2756
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to a suspended sentence of two years on June 28, 2017 by the Jeonju District Court on June 20, 2017, for a crime of violating the Road Traffic Act (driving) and the said judgment became final and conclusive on June 28, 2017.

[2] On November 20, 2016, the Defendant: (a) on the front day of “C” located in Pyeongtaek-si B, around 23:05, the Defendant: (b) reported 112 to the effect that “I wish to kill a person; (c) calculated the drinking value from the victim E, who is the horse belonging to the Pyeongtaek-gu Police Station D police station, who was called to the said place, and then was urged to return home; and (d) she would have to die the person. I want to kill the person.

“Abruting”, bruting the face of the above E, and bruting the face of the E, bruting it one week, requiring treatment for about one week.

As a result, the Defendant assaulted a police officer who was performing legitimate duties concerning the processing of 112 reports and the prevention of crimes, thereby obstructing the performance of official duties and inflicting an injury on the victim at the same time.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written statement;

1. A report on investigation;

1. A written diagnosis of injury;

1. Each photograph;

1. A previous conviction: Application of a written inquiry and a written reply;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: A favorable circumstance for sentencing under Article 39(1) of the same Act: The fact that all the instant crimes have been led by an investigative agency, and the degree of injury by an injured police officer is relatively small: there was a history of being punished by a fine several times for a crime related to violence; the instant case interferes with the performance of official duties by exercising violence against a police officer in the course of performing official duties, and inflicted an injury on a victimized police officer at the same time.

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