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(영문) 수원지방법원 평택지원 2016.07.29 2016고단981

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 May 19, 2016, the Defendant, at around 02:10 on May 19, 2016, had police officers, who were dispatched after receiving 112 reports, have been witnessed to hear statements against the victim of the assault.

Accordingly, the Defendant expressed the above police officer’s desire to see the hand of the above police officer, and assaulted the chest of the above police officer on two occasions by booming the hand of the police officer.

Accordingly, the defendant interfered with the legitimate execution 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 made to F and victim E;

1. A written statement;

1. Application of each statute on photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

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

1. A suspended sentence: positive - Social ties, serious reflector;

1. Determination on the application of the sentencing criteria (determination of sentence): The decision shall be made in the same manner as the Disposition for the reasons above, such as six months of imprisonment, two years of suspended sentence, the aforementioned circumstances and motive and circumstances leading to the crime, the circumstances after the crime, the records of crimes (time of the records of punishment due to violent crimes, gambling crimes, etc.), the age, sexual conduct, intelligence, environment, etc. of the defendant;