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(영문) 수원지방법원 평택지원 2017.08.30 2017고단1398

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 June 15, 2017, at around 23:05, the Defendant reported 112 while being drunk at a studio parking lot located at 24-1, Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, which was called at the 24-1, and solicited the Defendant to return home from D to the police officer affiliated with the police box of Pyeongtaek-si Police Station C, who was called at the same time, the Defendant stated that the Defendant “satisf without being sated, satisf,” and the Defendant took a bath at the floor of the said D’s hand, and took the clothes of D once.

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of 112 reports, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommendations] The reason for sentencing under Article 62-2 of the same Act, and Article 59 of the Act on the Protection, etc. [the grounds for sentencing [the scope of recommendations] no person in charge of interfering with the performance of official duties (from June to one year and six months] [the decision of sentencing] [the decision of sentencing] unfavorable circumstances: Suspension of sentence due to violent-related crimes, there has been a history of receiving fines several times of punishment, and favorable circumstances such as confession, reflect, and contingent crimes, and the fact that the damaged police officer wants to be punished against the defendant: The sentence is not a confession, reflect, and contingent crime, and the defendant's age, family relation, and criminal history: Imprisonment with prison labor for six months, suspension of execution two years,