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(영문) 수원지방법원 평택지원 2014.11.21 2014고단1482

공무집행방해등

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

At around 02:00 on September 11, 2014, the Defendant: (a) notified the Defendant of the right to refuse to make statements, etc. to arrest the Defendant as a flagrant offender, while drunkly drinking at a 204-dong underground parking lot; (b) on September 11, 2014, the circumstances belonging to the Seongbuk Police Station D District Unit of the Ansan Police Station called, “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am the Defendant’s legitimate performance of duties by a police officer with regard to the handling of report 112 by putting his left hand, interfere with the Defendant’s legitimate performance of duties by a police officer with the handling of report 112; and (c) at the same time, ambling the victim E

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires a strict punishment of the Defendant in light of the following: (a) the instant crime of obstruction of performance of official duties is a crime that has undermined the legitimate exercise of public authority and has inflicted bodily injury on the victimized police officers; (b) however, the Defendant recognized the instant facts charged; (c) there is no record of punishment exceeding the fine on the Defendant; (d) there is no record of criminal punishment on the Defendant; (c) the degree of obstruction of performance of official duties is relatively minor; and (d) other circumstances indicated in the record, such as the Defendant’s age, character and conduct