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(영문) 수원지방법원 평택지원 2017.07.19 2017고단842

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 April 19, 2017, the Defendant, at around 02:50, committed an act of disturbance in alcohol at “Cju” located in Pyeongtaek-si B, and received a report of 112 from the employees of the said main branch, and was called up, the Defendant: (a) was demanded to return home from the head E of the Pyeongtaek-gu Police Station D branch; (b) “I would pay 1% tax of the Republic of Korea; (c) ring fat; (d) fat; (e) fat; (e) fat; (e) fat; and (e) fat fat; and (e) fat fat fat fat; and (e) fat fat fat fat fat fat fat fat fat.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. Application of the sentencing criteria - Scope of the recommended sentence: Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties). The mitigation area (one month to August);

2. Determination of sentence - Determination of sentence - The degree of violence is not serious, the degree of violence is not serious, there is no previous record of interference with the performance of official duties and no record of crime exceeding the fine, and the circumstances of sentencing indicated in the records and arguments of change are considered as the order.