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(영문) 수원지방법원 여주지원 2014.10.20 2014고단639

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On August 26, 2014, the Defendant of the obstruction of performance of official duties against C: (a) committed an assault by the Defendant on the street, “E Child-Care Center” located in D. on August 26, 2014, on the ground that the Defendant was under the influence of alcohol by the suspect, who was under the influence of alcohol, and received a report from C to the police box belonging to the said Police Station, and sent out after being informed by C of the circumstances where the Defendant was under the control of the police box of the said Party: (b) 112, who was under the influence of alcohol; and (c) 1) felf of the said C, who was under the influence of alcohol, was frighted once a week, and felf of the said C.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

2. On August 27, 2014, at around 00:10 on August 27, 2014, the Defendant: (a) arrested the Defendant as a flagrant offender of the crime specified in paragraph (1); and (b) was traveling along with the patrol police box C and a slope G with the police box assigned to the said F police box; and (c) was spited by booming down the Defendant at a flood level on the face and head of G when she was sitting down by the said G while she was sitting back to the patrol police box.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and G;

1. Each statement of H and I;

1. Application of the statutes governing the case-related photographs

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor for the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (the special person who has been sentenced] (the decision of sentence] (the decision of sentence), and in the process of obstructing and arresting public officials, the nature of crimes such as spits or spits against police officers are not good in view of the contents of crimes.

However, the confession and reflect of the crime, and the defendant does not have the same criminal record.