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(영문) 수원지방법원 2018.07.11 2018고단2897

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 May 21, 2018, at around 01:42, the Defendant assaulted the face of the above E three times in drinking, without any justifiable reason, while under the influence of alcohol, the police officer assigned to the Southern Police Station of the Gyeonggi-gu Police Station, who was called out after receiving a report of 112 that he was under the influence of alcohol.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes concerning the shooting of assaults, the notification of the department related to the 112 Report, the closure photographs of the black stuffing video screen, and the black stuffing video CDs

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area (from June to June) of the sentencing criteria shall not interfere with the execution of public duties;

2. Determination of sentence: (a) In light of the fact that the crime of this case in question is not deemed to have been committed by a police officer having legitimate execution of duties; (b) the fact that the defendant led to the crime of this case by confession of the crime of this case; (c) the fact that the defendant appears to have led to contingent crimes under the influence of alcohol; and (d)