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(영문) 수원지방법원 평택지원 2018.08.21 2018고단766

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was under the influence of around 01:53 on April 27, 2018, and the Defendant was trying to open a door with the password of another person’s office under the influence of alcohol in Pyeongtaek B B B, 2018.

“A police officer, who was dispatched after receiving a report 112 of the content of the 112 report, took a bath to the police officer D, who attempted to have the Defendant returned home, and assaulted the police officer, such as drinking at one time, continuously cutting the cellular phone at the front of the patrol vehicle, and cutting down the back seat of the right seat at several times, thereby interfering with the police officer’s legitimate execution of duties concerning the handling of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of recommended punishment on the grounds of sentencing in Article 62-2(1) of the Social Service Order Criminal Act is one month to eight months (where the degree of performing official duties is minor, it refers to the sentencing factor). In consideration of sentencing, the fact that the defendant repents his/her wrong and reflects his/her wrong, and that the defendant has no criminal history exceeding the fine.