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(영문) 수원지방법원 안양지원 2016.04.28 2016고단186

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2016, the Defendant: (a) on the 16:10th day of the 16:10th day of the 112 patrol, the security guards E, who were affiliated with the D District to the C cafeteria located in B, was aboard to perform the 112 patrol and was in the traffic signal atmosphere; (b) was able to ask the Defendant to take the front side of the F Circuit (D District 12th day of the D District 12) back to the cell phone owned by the Defendant, and was unable to proceed with the patrol while taking a bath.

In this regard, E is employed by the chief patrol officer, and the defendant's "I want to operate a vehicle while in operation, and how the accident would occur."

The Defendant stated that the Defendant was “Chewing,” and whether the Defendant was a police officer

“Cather,” etc., batd and batd by hand the bat E’s bat.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning 112 patrols.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of each Act and subordinate statutes on investigation reports (7 pages of evidence records, statements of witnesses, hearing statements of witnesses and reports on the circumstances of witnesses);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the recommended punishment] The Act on Interference with the Performance of Official Duties in the Case of Class 1 of the Act on Interference with the Performance of Official Duties (Obstruction of Performance of Duties and Forced Performance of Duties)], the basic area (from June to January 4) (

2. The sentencing conditions, such as the age, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered in full consideration of the following circumstances: (a) the sentence is to be imposed; (b) the sentence is to be imposed as ordered.

D. Unfavorable circumstances: The police officer who had performed his/her duties while walking a trial expense without any special reason; the police officer assaults the police officer to commit the crime in favor of the poor nature of the crime: The confession of the crime in this case; the defendant has no record of punishment heavier than the fine;