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(영문) 수원지방법원 2017.03.09 2016고단99

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

Reasons

Punishment of the crime

On December 28, 2015, the Defendant was suffering from disturbance, such as blocking the passage of vehicles that passed on the ground of trial expenses with taxi engineers from among the roads in front of the building B in Gyeonggi-si, Gyeonggi-do. On December 28, 2015, the Defendant: (a) prevented the Defendant from driving a vehicle that was driven on the ground of trial expenses with taxi engineers; and (b) recommended the Defendant to stop the Defendant and return home to the police officer of the Seo-gu Police Station C(32 tax) of the Seocho-gu, Seo-gu, Incheon, which was called on the site after receiving a report 112; and (c) recommended the Defendant to stop the Defendant.

“Before doing a bath,” the head Does up two times the chest part of his chest, and assaulted, such as drinking, flaging DNA while leading up to the escape D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act (1) and the choice of imprisonment for a crime;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no person [the person who has been subject to special sentencing] in the basic area (from June to one year and six months] [the decision of sentencing] [the decision of sentencing is disadvantageous to the defendant in light of the method and content of the crime in this case, the fact that there is no criminal conviction for the defendant and there is no criminal conviction beyond the fine, etc., taking into account the favorable circumstances, such as the defendant's age, sexual behavior, environment, circumstance of the crime, circumstances after the crime, etc., and the sentencing conditions indicated in the records, such as the defendant's age, sexual behavior, etc., shall be determined as per the disposition.