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(영문) 수원지방법원 2015.03.12 2015고단381

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 01:50 on January 23, 2015, the Defendant: (a) was drunked in the D District District of Suwon-gu Police Station D, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, the Defendant: (b) obstructed the Defendant’s disturbance, such as “I will not leave this dog, she will not leave the road on the side of the width;” and (c) caused the Defendant’s disturbance to her slope E, such as “I will not leave the road on the road of the width; and (d) the Defendant’s removal of the police officers, thereby spreading the police officers; and (d) threatened the Defendant’s occupation-related things (13cc in length, 23cc in total length) that are dangerous in the Defendant’s occupation-related main machine, thereby leaving a customer, and threatened the said E, which led to the removal.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the control of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Photographs of public goods in crime;

1. Application of the Acts and subordinate statutes on screen pictures CDs or screen pictures to take photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where a group or group of persons (one-year or four years of obstruction of performance of official duties) shows or carries dangerous things (one-year or four years of suspension of performance of official duties) (one-year or multiple force), the degree of damage is relatively minor because police officers immediately controled by police officers, recognition of and reflects the crime, the fact that there is no criminal record of suspended sentence or more than twice of fine, other conditions of sentencing as shown in the arguments such as the defendant's age, character and behavior, home environment, motive and circumstance of the crime, circumstances after the crime, etc., are considered.