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(영문) 수원지방법원 안산지원 2017.06.14 2017고단849
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 24, 2017, the Defendant interfered with the performance of official duties, on the street before the police box located in Ansan-si, Ansan-si, Masan-si, and at the same time, obstructed legitimate execution of duties concerning police officers’ situation service at the police box and the protective measures for the owners of alcoholic beverages, etc., by breading the cab driver while under the influence of alcohol, by taking the flag while driving the cab on the floor and driving the flag on the floor, and passing the flag on the floor. The Defendant was placed at the police box of the Ansan-si, the flag of the flag, the head of which was 1 time at the floor of the above E, and flading the flag worn by the Defendant on the floor, and then flading the face of the above E on one occasion at once.

2. Around 22:50 on the same day, the Defendant interfered with the performance of official duties and the Defendant injured the Defendant: (a) boarded the Defendant’s address on the back seat of the patrol box to have the Defendant return home to the Defendant, and (b) searched the Defendant’s address using a mobile phone on the front line; (c) interfered with legitimate performance of duties, such as the protective measures taken by a roadside police officer, going back to the front line; and (d) interfered with the Victim F (the age of 49)’s lawful performance of duties on the protective measures taken by a roadside police officer, etc.; and (e) put the Victim F (the age of 49) with approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written diagnosis of injury to the F;

1. Application of Acts and subordinate statutes to photographs related to interference with the performance of official duties, and the photographs of each case (victims’ F-related photo);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. In the case of interference with the performance of official duties, the second crime (in the case of interference with the performance of official duties) in the aggravated area (six months to two years) of the first type (in the case of a special aggravation) of the sentencing criteria (in the case of violence) (the scope of punishment recommended) general injury.

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