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(영문) 수원지방법원 안산지원 2014.07.18 2014고단1183

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 00:40 on May 13, 2014, the Defendant: (a) stated that “I would like to be asked about why I am asked from the slope D belonging to the Annsan Police Station C District of the Ansan Police Station, which was dispatched to the site after receiving a report of 112 that “I am going against the Defendant’s disturbance by opening the door and going against the disturbance”; (b) I pushed the Defendant “I am to see why I am, I am, I am about I am, I am,” and she pushed the chest of the said D on two occasions.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Application of Acts and subordinate statutes to a copy of a work site in the C District (four teams at night);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for six months to one year and four months (basic area), obstruction of performance of official duties, and Type 1 of the same Act.

3. The crime of this case, which was decided to be sentenced, is a case where a police official who was reported and dispatched by the defendant, takes his chest into consideration his desire and hand, and if the defendant had been punished once for the same kind of crime, he commits the crime of this case at a disadvantage, such as preventing the defendant from committing the crime of this case, and not restoring damage to the victim, and the defendant recognizes the crime of this case and reflects his mistake in depth, and all kinds of sentencing conditions in the public trial of this case shall be determined as ordered by the order.