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(영문) 수원지방법원 평택지원 2015.05.22 2015고단424

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:00 on March 15, 2015, the Defendant: (a) 21:00 and 205 of the CMobel 205 in Pyeongtaek-si Police Station D District; and (b) Sheed to transport the Defendant’s woman-friendly G to alcohol treatment hospitals, the Defendant took a bath to the said E, etc., such as “nitling, killing, and leaving away,” and assaulted the Defendant, such as “nicking, killing, and leaving off,” in order for F to transport the Defendant’s female-friendly G to alcohol treatment hospitals.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each statement of H and I;

1. Application of CCTV Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Education [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is minor (a person subject to special mitigation] (a person subject to special mitigation] the area of mitigation (a person subject to suspension of performance of official duties in January or August) (a decision of sentence] the crime subject to obstruction of performance of official duties requires strict punishment as it undermines the authority of the public authority and impedes the establishment of legal order. There are several criminal records of the defendant, and there are several criminal records of criminal punishment for the same mistake in 2014, etc., which are disadvantageous to the defendant, or the fact that the defendant recognized the facts charged in this case and reflects his mistake, the degree of obstruction of official duties is somewhat minor, the fact that the degree of obstruction of official duties is minor, the fact that the defendant committed a contingency by drinking, and other various circumstances shown in the records, such as the defendant's age, character and behavior, home environment, etc.,