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(영문) 수원지방법원 2015.09.16 2015고단2798
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 23, 2015, the four police officers, such as the police officer D, etc., belonging to the Suwon Police Station C police box, called the police officer at around 01:10 on June 23, 2015, called the police officer at around 01:10, and called the police officer at the defendant's house located in Suwon-si E after receiving a report of 112 which was cut, along with the sound being pushed.

The above D et al. discovered that the head of a woman extracted from the defendant's house was assembled, and searched the defendant's house for the prevention of harm to human life and body and the rescue of the damaged person and the restraint of crime, but did not discover any kind of the defendant's house.

On the same day, at around 01:30, the Defendant: (a) went to the front of the foregoing Defendant’s house; (b) as seen above, the police officers in front of the said Defendant’s house: (c) “Absking, ringing, ringing, and ringing, whether the Defendant was a few criminal offenders or whether the Defendant was guilty of the Defendant’s house,” and (d) the face of the said D’s face was shot once with the hand floor, sleeped once, and boomed with his body by hand.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on patrol to prevent crimes and maintain order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] 【No person who has a basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence : The defendant has committed violence to a police officer in the course of performing his/her duties and thus has a high need to punish him/her as obstructing his/her performance of official duties; circumstances favorable to the number of violent criminal records are recognized as crimes; 50,000 won is deposited for a victimized police officer; and 50,000 won is more.

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