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(영문) 수원지방법원 평택지원 2016.09.29 2016고단1321

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 April 6, 2016, the Defendant: (a) did not pay the drinking value at the main point of “C” located in Pyeongtaek-si B of Gyeonggi-si; (b) the police officer E belonging to the Pyeongtaek-si Police Station D police station called up upon receipt of a 112 report and controlled the Defendant; and (c) the Defendant “E” to E.

“Ching the bath,” and assaulted the tables in front of E by cutting off them with a stringing off, booming a drinking to him and gathering them.

이후 피고인은 위 주점 밖으로 나와 위 E이 순찰차에 탑승하고 있는 것을 보고 순찰차로 다가와 운전석 창문을 손으로 수회 내리치고, 순찰차 앞을 가로막은 후 전면 유리에 가래침을 1회 뱉고, 좌측 휀더를 수회 발로 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photograph the images;

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

1. Determination on the application of the sentencing guidelines of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence: The scope of recommended sentencing guidelines of the applicable O: consideration of all circumstances, including the fact that there was no criminal history, except the O fine, in the basic area (from June to January, 1), the basic area of interference with the performance of public duties (in the event of interference with the performance of public duties and coercion of duties), and police officers did not have