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(영문) 수원지방법원 안양지원 2018.05.02 2017고단2526

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 9, 2017, 201:05, the Defendant: (a) on the road in front of the youth station E located in the Maan-gu, Manyang-si; and (b) on the road in front of the youth station in the Manan-gu, Mayang-si; (c) the Defendant, upon receiving a report from 112, tried to listen to the statement while checking the circumstances of G (31 years old) and G (31 years old) and G (H) of the F District of the Police Station in the Gyeonggi-gu, Police Station G (31 years old) and G (31 years old), the Defendant, upon receiving the report, tried to listen to the statement in the event of the instant case; and (d) threatened the Ha with the background of Ha’s hand, as the Ha’s hand-on’s hand-on on the left part of G.

As a result, the defendant has prevented police officers from performing their legitimate duties in relation to 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement prepared in the I;

1. An investigation report (verification of on-site CCTV images);

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Sentencing of Article 62-2 of the Social Service Order Criminal Act - Unfavorable circumstances: The fact that the nature of the crime is heavy in light of the background and content of the crime, the degree of violence, the circumstances before and after the crime, etc.; and three times before and after the punishment of a fine due to an act of violence; favorable circumstances: The defendant reflects the mistake, and there is no past record of the punishment or fine exceeding the punishment imposed due to a crime of obstructing the performance of official duties other than the above previous conviction - Other circumstances: the defendant's age, sex