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(영문) 수원지방법원 평택지원 2018.07.19 2018고단259
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

Punishment of the crime

1. On December 29, 2017, the Defendant interfered with the performance of official duties, at around 06:40, at the “C hotel” located in Pyeongtaek-si B, the Defendant assaulted the Defendant’s hand floor on the Defendant’s hand, for the reason that he was informed of the disturbance from 112 on the part of his employees D, and was called from F (23 tax) and the police officer belonging to Pyeongtaek-si Police Station Edistrict (36 tax), who was called to the site, and was not taking the Defendant’s letter, and was not taking the Defendant’s part. The Defendant assaulted the Defendant’s part of the F, which was tightly pushed back and sold for drinking, and the Defendant’s arms that prevented the disturbance were sold once the Defendant’s drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

2. The Defendant attempted to damage the gate part of the patrol vehicle, etc., even after the Defendant arrested the Defendant at the same time, at the same time, at a place as in the preceding paragraph, on the said F and G, and attempted to damage the gate part of the said patrol vehicle by walking the gate part of the said patrol vehicle at several times, and continued to walk the gate part of the said patrol vehicle at the lower seat of the said patrol vehicle, but the said patrol vehicle was not damaged to the extent that repair is necessary.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or G by the police;

1. Written statements of D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs taken for damage;

1. Relevant Article of the Criminal Act and Articles 136(1), 143, and 141(1) of the Criminal Act for the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act include: (a) the Defendant’s mistake was pened and rebuttaled; and (b) the Defendant has no criminal record.

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