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(영문) 수원지방법원 성남지원 2015.11.26 2015고단2318

공무집행방해

Text

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

except that 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 August 29, 2015, at least 01:10 on August 29, 2015, the Defendant: (a) committed assault, such as: (b) a police officer affiliated with the Sungnam Police Station D that sent to the site after having received 112 report on the fighting of drunk customers in front of a restaurant in Seongbuk-gu, Sungnam-si; and (c) a police officer affiliated with the Sungnam Police Station D (33 years of age) who was dispatched to the site, attempted to restrain the Defendant; (b) a police officer of the Sungnam Police Station affiliated with the Sungnam Police Station (33 years of age) who was in front of the restaurant in order to stop the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the investigation report;

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

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Criminal Act on the grounds that there is no basic area (six months to one year and four months) (special person] [decision of sentence] confession, reflectivity, and the fact that there is no previous case, etc.