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(영문) 수원지방법원 안양지원 2017.02.21 2016고단2150

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 December 17, 2016, the Defendant, in front of the C cafeteria located in Ansan-si, the Defendant, at the front of the C cafeteria located in Ansan-si, G, 18:53 on December 17, 201.

The Defendant 112 reported by the Defendant 112, who was urged to return home because there are no special circumstances, such as narcotics possession, etc. from the D District E, and the Defendant 1 was assaulted by the Defendant 1, who was urged to do so. The Defendant 2: (a) stated that the Defendant 2 was “a knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, kne, and so on.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A simplified statement of E;

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

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 of the community service order [Scope of sentencing guidelines] - Type 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) basic area (from June to April) - No person subject to special sentencing: [Determination of sentence] - there are no favorable circumstances: The defendant's mistake is recognized; the defendant has no record of being sentenced to suspended sentence; the defendant has no record of being punished for a fine due to interference with the performance of official duties in 2008; the defendant has a record of being punished for a fine due to interference with the performance of official duties in 208; and the defendant has narcotics in 112.

A false report was made, and violence was committed against a police officer dispatched accordingly, and the nature of the crime is not good.