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(영문) 수원지방법원 안양지원 2017.02.17 2016고단1899

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

On November 3, 2016, 2016, the Defendant: (a) received a report from three (3) passengers, such as E, etc., belonging to the military police station D police station, who called the Defendant, on the road of “C” located in Sinpo City B” in front of the main point of “C” in Sinpo City B”; and (b) received a report from the head of the Gunn Police Station D D police station, and called the Defendant.

He heard the end that "I am home," "I am home," and received a request from police officers for returning home, such as "I am, patrol cars, swe am," and "I am to B am," and "I am to B am to the police station, and without any justifiable reason, I interfere with the police officers' legitimate execution of duties concerning the handling of 112 reports by police officers when I am to the left side of E on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Investigation report (verification of these images).

1. Application of Acts and subordinate statutes to records on site;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The imposition of sentence under Article 62-2 of the Social Service Order Criminal Act (the scope of sentencing guidelines) - The basic area (the obstruction of performance of official duties and the coercion of duties) of types 1 (the period of June to April) and the basic area (the suspension of execution of official duties) - No person who is subject to special sentencing (the decision of sentence) for six months of imprisonment [the suspension of execution - the period of suspended execution - the period of unfavorable circumstances in light of the background and contents of the crime, the circumstances before and after the crime, etc. - The poor circumstances are recognized as favorable: The error is recognized, and there is no record of being punished as a obstruction of the performance of official