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(영문) 수원지방법원 평택지원 2016.07.29 2016고단907

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2016, the Defendant received a request for returning home from C and D, a police officer belonging to the Gyeonggi Pyeongtaek Police Station B, who was called up after receiving a report from 112 on May 20, 2016, at the front of the 11st Central Elementary School of Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si.

The Defendant, while under the influence of alcohol, expressed a bath to the above police officers by “dyp, fyp fyp, fyp Mad. fyp fyp fyp,” and assaulted the Defendant’s right shoulder of the police officer C once by drinking, and assaulted the Defendant’s inside part of the police officer E one time to walk at the right shoulder of the police officer E.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

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

1. Article 136 (1) of the Criminal Act concerning 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Determination of types: Type 1 from among crimes that interfere with the performance of official duties;

1. Persons subject to special sentencing: None of them;

1. Scope of recommended punishment: Imprisonment with prison labor for six months to one year and four months;

1. A suspended sentence: positive - None of criminal punishment, serious reflector, and social ties;

1. Determination on the application of sentencing criteria (determination of sentence): Imprisonment with prison labor for six months, suspension of execution for two years - The aforementioned circumstances and motive and circumstances leading to the crime, circumstances after the crime, crime records, other defendants' age, sexual conduct, intelligence, environment, etc. shall be determined as above on the grounds of not less than the aforementioned circumstances and motive and circumstances leading to the crime;