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(영문) 수원지방법원 2014.07.04 2014고단3048

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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2014, at around 00:02, the Defendant, under the influence of alcohol on the road front of the Suwon-gu Suwon-si, was sleeped, f of D’s slick, a woman living together with Slurier, and sleeped a signboard at a nearby restaurant, which was sent to the Defendant after receiving 112 report, and asked the Defendant of the circumstances, etc. of the case by the head of Suwon-nam Police Station Emba, the police box affiliated with the Suwon-nam Police Station Emba, who was called the Defendant, the Defendant provided the Defendant with a bath to the said G as “I Y Y Y Y Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YYY YY YYY YY YY Y

Accordingly, this interfered with the legitimate execution of duties by the police officers on the 112 Report processing duty of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and H

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to five years; and

2. The scope of the sentencing guidelines for recommendations [decision of types] : The category of obstruction of the performance of official duties - the scope of the punishment for obstruction of the performance of official duties / the scope of the punishment for obstruction of the performance of official duties / the basic area (two months to one year and four months):

3. Although the Defendant was punished several times as violent crimes, the sentence shall be determined as ordered within the scope of recommendation, considering the fact that the Defendant committed the instant crime under the influence of alcohol and the degree of obstruction of performance of official duties is not relatively heavy.