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(영문) 수원지방법원 안산지원 2015.12.15 2015고단3031

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

At around 01:10 on October 16, 2015, the Defendant: (a) expressed a motion for returning home by a police officer belonging to the Silung Police Station, who was called up upon receipt of a 112 report, “A person under the influence of alcohol is using on the road”; (b) expressed a desire to “Cinsia, packers failed to drink; (c) a police officer is a police officer; and (d) Cinsia and Cinsia with a driver’s face.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on internal investigation:

1. A copy of a police officer certificate;

1. A copy of the working log;

1. Notification to the 112 Incident Report-related department;

1. Application of field afforestation and videocad Acts and subordinate statutes;

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

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] In the case where the degree of assault, intimidation, and deceptive scheme is minor in the area of mitigation [Special Mitigation] [Determination of Sentence] [Determination of Punishment] in light of the specific circumstances of the crime of this case, the nature of the crime and the circumstances of the crime are not good, the confession of the defendant, the degree of assault against the police officer was not serious, there was no other history of punishment except for one fine, and there was no history of punishment for the same crime, there was no other history of punishment except for one fine, and there was no other history of punishment for the same crime, the age, health condition, method of the defendant, and circumstances after the crime, etc. shall be determined as above by comprehensively taking account of all the sentencing factors as above.