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(영문) 수원지방법원 2017.06.07 2017고단221

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 became final and conclusive.

Reasons

Punishment of the crime

Around 00:40 on December 17, 2016, the Defendant: (a) discovered the Defendant, who was sent to the site after having received a report on 112 for the foregoing reason, and the Defendant discovered the Defendant, who was unable to do so at this point, at the police officers D (52 tax) belonging to the police officers of the police station in the Sungdong-dong Police Station C (52 tax) and E (33 tax officials) of the police officers, who were sent to the site on the ground of the foregoing reason; (b) 1 time at the left chest of the said D’s head on one occasion with the Defendant’s intention to assist the Defendant; (c) 200:40 on one occasion by hand, the Defendant interfered with the performance of duties by a police officer on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in preparation of a letter of apology against D and E;

1. A statement prepared by the F;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is unfavorable to the defendant - The defendant uses a police officer in a legitimate performance of official duties and spits or spits his body. The favorable circumstances - the defendant recognizes all of the facts of the crime and is against the defendant. The defendant has no past record of being sentenced to the suspension of qualification or heavier punishment. The sentencing is ordered in consideration of all the conditions of the sentencing revealed in the course of the trial in each of the above circumstances.