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(영문) 수원지방법원 2019.03.26 2019고단493
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

around 00:07 on January 24, 2019, at the entrance of the Suwon-gu Suwon Police Station 52 in the Young-gu, Suwon-gu, Suwon-gu, Gyeonggi-do, under the influence of alcohol, the Defendant saw a disturbance, such as attempting to enter the Seocho-gu, without any justifiable reason, by drinking, “I will enter the police station,” and by failing to undergo the procedure of making a visit certificate, despite C, the auxiliary police officer B working in the Seocho-gu, and regardless of C’s control, the Defendant continued to wear the above 1 week, “I will see if I will see if I will f., I will do so,” and “I will f., I will see if I will f., I will f., or the chief of the police station, who will do so.” The Defendant f.o., who was working in the night party watch, and f., will not put the f.o., f., f., to the above f.o., f., and will f.

As a result, the Defendant interfered with the performance of duties by police officers regarding the prevention of crimes, etc., and at the same time, the Defendant inflicted injury on the victim D(30 years of age) such as inside of the days of treatment, inside of the inside and outside of the system,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D, E, B, and C;

1. Ctv course photographs;

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

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on the crimes of obstruction of performance of official duties, the crimes of bodily injury, and the punishment imposed on the crimes of serious bodily injury);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. The sentencing guidelines do not apply to both the instant crimes of obstruction of the performance of official duties and the instant crimes of injury according to the sentencing guidelines, since they are conceptually concurrent crimes.

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