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(영문) 수원지방법원 안산지원 2014.09.04 2014고단1723

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 July 17, 2014, at around 09:00, the Defendant: (a) controlled the operation of two-wheeled automobiles without wearing a safety cap to the head of the police box of the Silung Police Station affiliated with the police box of the Silung Police Station, where the traffic was controlled on the front of the new luminous restaurant located in 12 3:00 Silung-si.

Although the Defendant stated to the above D that the aforementioned D was “I am at the highest string,” the Defendant committed assault, such as: (a) the defect that the said D was not known, “I am sweet, sweet, sweet, sweet, and sweon; and (b) the Sticks and Sweon sweets of China towards the chest of the said D, and the chest of the said D was sealed once by the hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A witness's written statement of E;

1. Application of statutes on site photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice 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(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. is that the crime of this case requires strict punishment of the defendant as a public official performing traffic control duties by assaulting and obstructing official duties, together with the fact that there is a 15-time criminal punishment power (including insult and intimidation, a fine of 5 times for violent crimes, including insult and intimidation, and a probation one time) of the defendant, the defendant seriously reflects the defendant's fault, the defendant's difficulty in living was caused by the crime of this case, the defendant's family situation has no record of the same crime, the defendant's family situation was brutbed, the defendant's various sentencing conditions as shown in the argument of this case, and the recommendation and balancing based on sentencing guidelines shall be determined as per the order.