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(영문) 수원지방법원 평택지원 2016.08.24 2016고단1429

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 24, 2016, around 00:55, at the front of Gangseo-gu Seoul Metropolitan Government, the Defendant testified that D police officers belonging to the Seoul Gangseo Police Station C District Team called up after receiving 112 reports to organize the site and return to the site.

The Defendant, while under the influence of alcohol, was unable to start with the chief of the patrol vehicle, and was assaulted by the above police officer on his head, who was taken from the patrol vehicle, to control him.

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. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on site 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. The scope of recommending a person who has been specially mitigated in the execution of official duties for the reason of sentencing under Article 62(1) of the Criminal Act: The decision to suspend the execution of official duties for the sentencing under Article 62(1) of the Act: the decision to suspend the execution of imprisonment for not more than eight months: the decision to affirm the sentence (a minor in the degree of the assault and no criminal punishment) for the reasons of imprisonment for four months: the decision to suspend the execution of imprisonment for the reasons of the above circumstances and the motive and circumstances leading up to the crime, the circumstances leading up to the crime, the records of the crime, the age of the accused, the sexual conduct, intelligence and the environment, etc.