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(영문) 수원지방법원 2016.11.16 2016고단5011

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

At around 02:00 on August 1, 2016, the Defendant committed assault, such as: (a) the Defendant: (b) expressed the left elbow of the defect that the Defendant attempted to restrain, and (c) expressed the elbow of the D, when she took a bath to D, who was dispatched to the site after having received 112 reports; and (d) took a bath to D, who was employed by the head of the police station of the Suwon Police Station C District; (b) the chest of the D, who was sent to the site on one occasion by drinking the left hand; and (c) continuously talked the way and take a bath.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of E, F and G;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no person who has a basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties [decision of sentence] [Judgment of sentence] Although the defendant was punished by a fine for the same kind of crime in the past, the crime of this case was committed by assaulting a police officer's chest side and chron, thereby obstructing the performance of official duties again. However, under the influence of alcohol, it was a crime under the influence of alcohol, and there was no significant injury to police officers. It is so decided as per Disposition in light of all the reasons for sentencing.