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(영문) 수원지방법원 2015.06.25 2015고단1847

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

On March 27, 2015, around 04:55, at the Daegu Northern-gu B No. 2015, the Defendant recommended the Defendant to return home to the Defendant by the police officers affiliated with the Daegu Northern Police Station C District C District of the Daegu Northern Police Station called out after receiving a report that the Defendant interfered with the operation of the taxi. Without any particular reason, the Defendant spited, without any particular reason, the Defendant spited the Defendant a bath to the said police officers, carried the chest of the said police officers into two hand, boomed the chest of the said police officers, and spited the tobacco that

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a copy of work place;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the balance of recommendations according to the sentencing guidelines [the scope of recommendations] shall be the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of recommendations];

2. Determination of sentence: The sentence shall be determined as per the order, taking into consideration six months of imprisonment, the extent and extent of violence committed by the defendant for two years of suspended execution, the degree of interference with the execution of official duties, the records of three times of violence committed by the defendant, the fact that the defendant is divided into his own crimes, the fact that the defendant has no record of punishment as a crime of obstruction of performance of official duties, the fact that the person conducts drinking and has committed contingent acts, and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and behavior, character and environment, which are shown in the records