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(영문) 수원지방법원 안산지원 2014.05.21 2014고단207
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

At around 23:05 on November 25, 2013, the Defendant received a report from a police officer of the Ansan-gu Police Station E box sent to the site that he would have been forced to wear the above head of the relevant head of the unit C from the head of the unit of Ansan-si, Ansan-si.

At around 23:25 on the same day, the Defendant: (a) carried the police officer, five police officers in Ansan-si F, who were carrying out the duty of maintaining the order in his jurisdiction, to the police officer, and (b) stated that “In order to punish the police officer, he was killed, dead, and excavated without any brucation, he would write his writing on the Internet and call on the MaBC,” and (c) assaulted the police officer on a hand by spathing the balth of G in the course of the police box to which he prevented him.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of investigation reports, video CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences: One month to five years;

2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for six months to one year and four months (basic area), obstruction of performance of official duties, and Type 1 of the same Act.

3. The crime of this case, which was sentenced to punishment, was committed by a public official of the police who was dispatched by the defendant after receiving a report by the defendant, and was found in the police box to have received unfair treatment while serving a warning, and when the defendant committed the crime of this case, the defendant committed the crime of this case, even though he had been punished twice due to the same criminal act, and then did not recover damage to the victim so far, in an unfavorable circumstance, the defendant committed the crime of this case.

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