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(영문) 수원지방법원 평택지원 2016.09.21 2016고단370

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. 공무집행 방해 피고인은 2016. 2. 1. 01:00 경 평택시 C에 있는 ‘D 병원’ 앞에서 폭행을 당하고 있다는 112 신고를 접수 받고 출동한 평택경찰서 E 지구대 소속 순경 F로부터 폭행죄의 현행 범인으로 체포당하자 " 내가 뭘 잘못했어!

This far har war war, and har war F’s left war one time by bad hand.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning the handling of reported cases and arrest of flagrant offenders.

2. On February 1, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) arrested a flagrant offender on or around 01:05, and entered the office of “E District” located in Pyeongtaek-si G; and (b) under the influence of alcohol, the Defendant’s name and address address of the police dog should be located in the air.

Along with the same day, 35 minutes of spits, such as spits, spits, etc. on the floor, in the course of taking a bath.

Accordingly, the defendant, at a public office, was very roughly slick by very rough words and actions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. Application of Acts and subordinate statutes to each photograph of a crime;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation in official books, and the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of the recommendation that there is no person who has been a special sentencing factor for the reason for sentencing of Article 334(1) of the Criminal Procedure Act (a judgment on the application of the sentencing guidelines) of the Criminal Procedure Act (a judgment on the application of the sentencing guidelines): The decision of a suspended sentence for six months through one year and four months (the basic area): Imprisonment for six months: imprisonment for six months; imprisonment for two years prior to the suspended sentence; and the motive and background leading to the crime; and the circumstances after the crime.