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(영문) 수원지방법원 2017.09.20 2017고단4641
공무집행방해등
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 27, 2017, the Defendant: (a) was on the street of the Suwon-si, Suwon-si, Suwon-si, a Confucian School No. 11, which was located in 23:00, and reported by 112 that the Defendant was guilty of a dispute with his/her name, and (b) the police officer, who was a police officer of the Suwon-gu Police Station B police box, who was a police officer of the Suwon-gu, Police Station B police box, and the Defendant confirmed the circumstances of the instant case; (c) on the ground that the victim F, who was in the course of the instant police box, taken the cell phone as a mobile phone, 30,000 won of the market price of the victim F, was deducted from the cell phone on the floor; and (d) the above E police officer arrested the Defendant as a current offender, and attempted to have the Defendant escape on the spot by taking the Defendant’s body to prevent the escape of the Defendant’s body by attaching it to the Defendant’s body.

C Police Officers assaulted police officers, such as walking a back-to-face of a police officer at one time.

Accordingly, the above victim F's property was damaged, and the above police officers interfered with legitimate execution of their duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to non-fix photographs of damaged parts, CCTV images for crime prevention, CDs materials for crime prevention, and investigation reports (investigation into damaged parts);

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

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

1. Selection of each sentence of imprisonment;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor.

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