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(영문) 수원지방법원 여주지원 2016.12.23 2016고단1148
공무집행방해등
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

Punishment of the crime

On September 12, 2016, the defendant, around 23:10 on September 23:2, 2016, tried to find out a separate drinking house C building 2804 and to get divorced.

At around 23:28 on the same day, the Defendant continuously expressed that the victim slope F (the age of 38), a police officer belonging to the Gyeonggi-do Police Station E District E District, who was called upon D’s 112 report, was trying to get out of an elevator and avoid it despite the fact that the Defendant confirmed the reported matters, and the Defendant expressed that the victim’s sway F (the age of 38) would escape from the elevator where he would stop it, and that the victim’s cream part was drinking once a drinking, and that the victim’s left part was broken by drinking.

As a result, the Defendant suffered from the victim F with a face-to-face in need of treatment for about two weeks, and at the same time interfered with F's legitimate execution of duties concerning the handling of report by F's 112 police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] General : The basic area (4 to 1.6 months) (special mitigation) / In the case of minor bodily injury (1 to 4 types) / [decision of sentence] / In the case of obstruction of performance of official duties / In the case of previous injury, the defendant has a record of being punished by a fine three times as a crime of injury in the past. In this case, the defendant suffered bodily injury in the face of a police officer by drinking, and the defendant suffered bodily injury, and the crime is extremely poor, and the defendant was committed in the course of and against his own crime, and the degree of injury to the victim is relatively minor, and the past is a relatively minor.

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