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(영문) 수원지방법원 성남지원 2017.11.22 2017고단2466
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 10, 2017, around 00:57, the Defendant assaulted the Defendant at the Defendant’s residence of the 112-dong 202-dong 103-dong 202 of the Gyeonggi Police Station, on the ground that a police officer affiliated with the Gyeonggi Police Station C commander of the Dong-gu Police Station, who was called out after having received a report of 112 to assault the Defendant’s wife, and obstructed the police officer’s legitimate execution of duties concerning handling reports by committing assaulting the Defendant’s wife on the ground that he was able to visit the Defendant’s wife.

2. On the same day, at around 01:33, the Defendant assaulted the police officer’s legitimate execution of duties regarding the handling of a report by the police officer, on the ground that the slope E, who was called out after receiving a report of 112 that the Defendant continued to escape the disturbance, was about to take the Defendant’s wife to the hospital by burning the Defendant’s wife at the patrol vehicle, was able to take the Defendant at the floor so that he could not proceed with the patrol vehicle, and that E was able to take a bath to keep the Defendant from carrying out the patrol vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of the Acts and subordinate statutes governing the report processing of the case in 112 case;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, and it seems that the defendant was under the influence of alcohol at the time of committing the crime.

The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the records, such as the fact that the degree of violence is not serious.

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