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(영문) 수원지방법원 성남지원 2015.07.29 2015고단731
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 17, 2015, at around 22:19, the Defendant, at the restaurant, “C” located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, wherein he was suffering from disturbance, such as fluoring women’s friendship with the floor, and broken the fluor’s disease with the floor, followed by a report of 112, and received the case’s explanation from the police officer E belonging to the Seongbuk-gu, Seongbuk-gu Police Station, Sungnam-gu, who was called out after receiving a report of 112.

이후 피고인은 위 식당 밖으로 도망가던 여자친구를 뒤쫓아 가던 중 위 식당 울타리에 발이 걸려 도로에 넘어진 후, 위 E으로부터 “괜찮냐”라는 말을 듣자 화가 나 “씨팔놈들아, 말 좃같이 하네, 너 같으면 괜찮겠냐 진짜 좃같네”라고 욕을 하면서 주먹으로 위 E의 가슴을 1회 때리고, 발로 위 E의 허벅지 부위를 오른발로 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Investigation report (No. 7,11 of the evidence list);

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area (6-1-4 months) of the obstruction of performance of official duties [decision of sentence] 2 years of the suspension of the execution of six months (the defendant is deemed to have habitive barriers to the exercise of violent force, such as the record of punishment for obstruction of performance of official duties and the record of violence several times, including the record of criminal punishment for obstruction of official duties] 2 years of the suspension of the execution of six months (the defendant is deemed not to have committed a second offense against the defendant, and the defendant's age, character and behavior, occupation, living environment, motive, means and consequence of the crime, and all other circumstances constituting the conditions for the sentencing, including the circumstances after the crime, shall be determined by considering

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