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(영문) 수원지방법원 안양지원 2014.11.13 2014고단1465
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 17, 2014, from around 09:05 to around 09:20 on the same day, the Defendant assaulted the victim’s course at the front line of Suwon-si, who was being used by the host, and was reported by the police officer E, etc. belonging to the Suwon Police Station D Zone D, which called the victim F (the age of 19) under the influence of alcohol, while under the influence of alcohol, the Defendant breaddd the victim’s course at one time along the right edge, under the influence of alcohol and without any particular reason.

2. At the same time and place as indicated in Paragraph 1, the Defendant committed obstruction of performance of official duties, namely, “this spack and spack spack spack spack spackspackspacks” by the police officer E, and knife E’s chest by hand, and continued to tightly pushed off the chest part of G police officers belonging to the same spackspacks.

As a result, the defendant interfered with the legitimate execution of duties of police officers E and G on protective measures for victims of relief.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. A statement prepared by H;

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

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment for the crimes of obstruction of official duties against E, of which the punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations: Imprisonment with prison labor for up to one year and up to six months;

(a) Group 1 crime: A person under special mitigation in the basic sphere (from June to January 1) of the obstruction of performance of official duties: Where the degree of assault and threat is insignificant, a person under special mitigation: Where there are many public officials under special mitigation in the degree of assault and threat (Article 1);

B. Second offense: A type of assault crime (general assault) (one month to eight months): a person subject to special mitigation (one month to eight months): a case where the degree of assault is minor (Type 1).

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