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(영문) 수원지방법원 2017.06.21 2016고단5459

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2016, the Defendant, at the front of the modern apartment house house located in 1034, according to the wife population at the time of Tae-si around 23:20 on July 27, 2016, deemed that “A patient was transferred from the Gan Fire Station to the hospital, but he was not given treatment

However, the Defendant was found to satisfy the face of the above C at a time without any justifiable reason, who was sent to the site after receiving a report of 112, and the Defendant was found to satisfy the border belonging to the Dong-dong Police Station B police station B, and tried to leave the site by asking his personal information, satisfying, and satisfying the Defendant, and the above C attempted to leave the site by taking care of his personal information, satisfy, and satfy the left face of the above C at a time without any reason, and continued to drive the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the defendant;

1. Statement made in preparation of each letter of apology with respect to C and D;

1. A written statement of E and F preparation;

1. Application of the Acts and subordinate statutes to the photographs of damaged police officers;

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who interferes with the performance of official duties against a police officer heavier than that of a police officer)

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is unfavorable to the reason for sentencing (a favorable consideration of the reason for sentencing) - The defendant’s act of assaulting, without any particular reason, the number of police officers performing their lawful duties and does not constitute a crime. favorable circumstances - there are circumstances that may be considered for the mental health of the defendant at the time of the instant crime. - The degree of injury to the victims should be considered in light of the overall conditions of sentencing revealed in the trial process. The