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(영문) 수원지방법원 안양지원 2015.10.22 2015고단1274

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, 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 21, 2015, at around 04:40, the Defendant: (a) 159-gil-ro 159-gil-ro during the Ansan-si-si Police Station, and (b) 159-gil-ro 43, the Defendant: (c) saw the horses of the taxi engineer B that customers fright the fright; (d) ranced, she was under the influence of alcohol that he she fright to fright another taxi from the slope C belonging to the police station to return to the said C; and (e) she laid the brea-domen of the right shoulder while she was under the influence of alcohol.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the part of the Defendant: (a) the Defendant spit a taxi on the part of a taxi that spits the taxi on the part of the taxi; and (b) the taxi article spit a taxi on the front of the police station; and (c) the taxi article spit a taxi on the front of the police station; (d) the Defendant committed the instant crime of obstructing the performance of official duties; (b) the Defendant committed the instant crime of obstructing the performance of official duties despite the kind of detention on the part of the police officer in the place where the crime was committed; and (c) the nature of the crime is not good in light of

In addition, taking into account the fact that the Defendant had a record of being sentenced to suspension of indictment due to the crime of property damage in 2011, and that the damaged police officer’s position that “to remove a rank, if the rank is removed, it would be very severe punishment because it was difficult to remove the rank,” a sentence of imprisonment shall be selected.

However, the defendant has no record of criminal punishment except for one time before the fine for drinking driving in 2013, and the defendant has caused the remaining crimes of this case under the influence of alcohol.