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(영문) 수원지방법원 2018.08.09 2018고단2887
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 17, 2018, the Defendant, at the Defendant’s residence of 05:05, 01, “Seaeae CBL” B01, who received a repeated report from the Defendant and received a repeated report of 112, and was asked the Defendant to question E on the details of the report, etc. from the chief of the police box affiliated with the Gandong Police Station, the Defendant provided a bath to the said E.

“Along with sound, E was assaulted by writing a work pocketbook cited by the defect E in which E wishes to go to go to the Defendant’s house, thereby falling to the bottom of the fish, and assaulting E’s face with one hand and one hand of E, seeking to gather a work pocketbook away from the floor.

Accordingly, the Defendant interfered with the legitimate execution of duties related to the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. Part of 112, such as six cases of report processing lists;

1. Each investigation report, investigation report (to hear statements by telephone of a victimized police officer), investigation report (to attach photographs and videos to the punishment of a police officer in the case);

1. Application of Acts and subordinate statutes to a survey document before the judgment of the Suwon Protection Observation Office;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The grounds for sentencing in light of Article 62-2 of the Criminal Act, Article 44-2 and subparagraph 2 of Article 2-3 of the Medical Care and Custody Act (the Defendant’s crime of this case, the background and details thereof, previous convictions, and the record before the judgment of the observation office of water sources protection, etc., the Defendant is deemed to be a person who has a habit of drinking alcohol or is addicted to alcohol, and the risk of recidivism and the necessity for receiving outpatient treatment is also acknowledged)

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area (from June to June) of the sentencing criteria shall not interfere with the execution of public duties;

2. On September 1, 2006, the defendant who was sentenced to a suspended sentence shall be sentenced to two years of imprisonment with prison labor for not less than six months by obstructing the performance of official duties at the guard method.

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