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(영문) 수원지방법원 안산지원 2017.05.26 2017고단874

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 March 17, 2017, the Defendant was under the influence of alcohol at the toilet of the first floor of the building B in Ansan-si, 00:00, and was sent to the site after receiving a report from 112, and was about to be released from the site by the police officer D and policeman of the Ansan-si Police Station C for the Police Station of the Ansan-si Police Station, the Defendant was under the influence of alcohol at around 00:0 on March 17, 2017.

(a) Gabling, v. N. N.

A. The two descendants met with the wall of the building by checking parents in Korea, making it difficult for the police officers to find out their parents in Korea, and see that they did not blick and blick, and they interfere with the police officers’ legitimate execution of their duties in relation to the handling of reported cases and the protective measures for the main owners, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 62(1) of the Criminal Act on the suspended sentence are set forth in the sentencing guidelines from one month to eight months [the scope of the recommended punishment for interference with the performance of official duties: the military obstructing the performance of official duties, the type of the type of the type, the type of the special mitigated person: the degree of violence, intimidation, deceptive scheme, or the degree of interference with official duties is minor].

However, the sentencing criteria do not provide a separate processing method for commercial concurrent crimes, so this case does not apply the sentencing criteria but takes into account reference materials for proper sentencing.

The fact that the defendant, while under the influence of alcohol, has obstructed the performance of official duties by using violence to police officers without any special reason, and that the 119 emergency medical service crew members assaulted and interfered with emergency medical service activities and has been punished by a fine, is disadvantageous to the defendant.

However, the defendant is against the time of committing the crime of this case, and there is no previous conviction exceeding the fine, and the degree of assault or injury is relatively insignificant.