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(영문) 수원지방법원 평택지원 2017.08.02 2017고단723

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 29, 2017, at around 20:18, the Defendant was flicked on the front side of Pyeongtaek-si B, on the ground that D had found the Defendant’s female her female ties and had a disturbance, and at the time, the Defendant was subject to the aforementioned actions from Pyeongtaek-gu Police Station E AssistantF and Gyeong-gu G sent to the site after receiving a report of 112 as a disturbance in the above D’s disturbance, and the Defendant committed assault, such as making flick G in both hands and flick, and cutting down the sloping F with the sloping F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 report handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of each statute of H and D

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Reference to the sentencing criteria - Scope of recommended sentences: Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) that interferes with the performance of official duties;

2. Determination of sentence - The defendant requires strict punishment since 2009 because he repeatedly commits a crime (10 times of juvenile protection case, suspension of indictment, one time of fine, one time of suspension of execution, one time of suspension of execution). However, the defendant seriously reflects the fact that he has no record of criminal punishment due to interference with the execution of official duties, the degree of violence is minor, and all kinds of sentencing conditions indicated in the records and changes theory, such as the circumstances of the crime of this case, shall be determined as the order.