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(영문) 수원지방법원 성남지원 2017.09.06 2017고단1739

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2017, around 00:25, the Defendant reported 112 to the effect that the Defendant was under the influence of alcohol in Seongbuk-gu, Sungnam-si B, Sungnam-gu, and thus, the Defendant tried to get out of the patrol room after finding out that the Defendant was locked on the stairs of the building, and that the Defendant was able to get out of the patrol room after getting out of the patrol room.

In doing so, the Defendant expressed his desire to the police officers following the patrol, such as “I ambling off, I amblick, I amblick, I amblick, I amblick, I amblick, I amblick, I amblick, I amblick.”

“Chicker, bather, and fluored the above D’s timber with his hand, and then was fluored by drinking the above D’s left side at one time, and the face of the above E, which was taken with the cell phone machine, was fluent once a drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. 112 Notification to a department related to the report of the case;

1. Application of the Acts and subordinate statutes governing black boxes and cell phone image CDs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] No person who has no basic area (from June to June 1) (the person subject to special sentencing) [the decision of sentencing] [the person subject to special sentencing] [the decision of sentencing] 12 times of criminal experience, there is no record of crime exceeding the fine, contingency crime in the main place, and the fact that the person committed a crime and commits a mistake in the main place, etc., shall be considered as the primary sentencing factors. In addition, the punishment shall be determined as ordered by comprehensively considering all the sentencing factors shown in the instant trial process, such as the defendant's age, sexual behavior, living environment, and circumstances after the crime.