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(영문) 수원지방법원 평택지원 2015.09.23 2015고단1136

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

On August 4, 2015, around 23:25, the Defendant received 112 reports from the next delivery to the Pyeongtaek-si Public Health Center of Pyeongtaek-si, which is located at Pyeongtaek-si 5:56, and recommended the Defendant to return home from C and the police box belonging to the Pyeongtaek-si Police Station B police box dispatched.

피고인은 술에 취한 채로 반항하면서 오른발로 위 경찰관 C의 가슴 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports and maintaining public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Photographs of the body part of the victim;

1. Application of Acts and subordinate statutes to notify departments reporting 112 Incident;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the sentencing guidelines apply [Scope of recommending punishment] the degree of violence is minor: Type 1 (Obstruction of Performance of Official Duties and Compellion of Duties) and the mitigation area (one month to eight months) (special mitigation person];

2. The crime of obstruction of the performance of official duties is an offense that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires strict punishment. However, the judgment is rendered as per Disposition, taking into account the following circumstances: (a) the Defendant recognized the instant facts charged; (b) the degree of interference with the performance of official duties is somewhat minor; (c) the Defendant was punished by a fine or by mistake; (d) the Defendant did not have any past record of being punished by a fine or by mistake; (b) the Defendant committed a crime by drinking