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(영문) 수원지방법원 여주지원 2016.06.29 2016고단311

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 March 19, 2016, when the Defendant was under the influence of alcohol in front of the amusement station C, which was under the influence of alcohol on the street, the Defendant committed assault by the police officers affiliated with the D Zone D police station, who was called up after receiving a report of 112, on the street in front of the entertainment station C, and recommended the Defendant to have the Defendant returned home. The Defendant committed assault by the Defendant, such as, on the bottom of the direction towards the face of E, frighting to the instant E at the time of half-round, and frighting to the cellular phone, frighted to fish, frighting the chest by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes to the photographs of victimized police officers and cell phone pictures held by the police officers who have caused damage to their descendants;

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 Social Service Order Criminal Act [Scope of Recommendation] There is no person who has the basic area (from June to one year and four months) (the person who has been subject to special sentencing] of the category 1 (the obstruction of performance of official duties and the coercion of duties) (the decision of sentence] [the decision of sentence] The defendant who had been sentenced several times, including the record of the crime due to the act of violence committed during the period of six months suspended execution of imprisonment with prison labor for a period of two years, and there are no other favorable circumstances, such as the fact that the defendant committed the instant crime, and there are no other favorable circumstances, such as the fact that he/she