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(영문) 수원지방법원 성남지원 2018.01.10 2017고단2823
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. In the case of D restaurant located in Hanam City around July 9, 2017, around 03:30, and around 112, the Defendant was urged by the victim F, who was an employee of the E District of the Southern Police Station, who was dispatched to the scene after receiving a report of 112, to return home from the victim F, who was an employee of the said restaurant, and the customer who was heard, the Defendant reported “Is the Chewing implee.” to the victim;

H. L. L. L. L. L. L.W.;

B. 48 G. L. L. L. L. L. 48 M. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.

2. Around 03:50 on July 9, 2017, the Defendant: (a) committed assault, such as assaulting H’s knee, knee, and H’s knee, once in his/her hands, while he/she was arrested in a flagrant offender due to the insult under the preceding paragraph; and (b) Hanan Police Station Eargue H, who was affiliated with the aforementioned Eargue of the Southern Police Station, with the view that “if he/she is deemed to have his/her age cut, he/she would have cut off, she would have knee of h, once in his/her kne, and once in his/her hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of H flagrant offenders who are police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A written statement of I;

1. Application of the Acts and subordinate statutes governing the handling of complaints, evidence photographs, investigation reports, and 112 reported cases;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Application of the sentencing guidelines for multiple crimes that have no basic area (six months to one year and six months) (special sentencing factors) of the basic area of the first type (Interference with the performance of official duties and coercion of duties) of the sentencing guidelines: Imprisonment with prison labor for not less than six months (in the case of insult for which the sentencing guidelines have not been set and the crime of insult for which the sentencing guidelines have not been set is concurrent with Article 37 of the Criminal Act).

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