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(영문) 수원지방법원 안양지원 2016.10.07 2016고단1213
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

On June 28, 2016, at around 00:35, the Defendant: (a) committed an act of taking a bath against the said article while getting on or off a vehicle of the Defendant driven by a substitute driver while under the influence of alcohol; (b) obstructed driving; and (c) the said substitute officer stopped the vehicle on the road front of the Korea Freedom Federation, located in Ansan Branch, located in the city of Ansan-gu, and reported it to 112.

Accordingly, the police officers, such as slope C, etc. belonging to the police station B district forces, have called to the site and heard the statements of the above agency officer during the course of signing the site after receiving the above report, and the Defendant, who was in charge of giving guidance, in order to safely return the Defendant to the site, was unable to contact our family members.

D. The Republic of Korea is a few parts of the Marine Corps, which will only be the gueste such as width.

"라는 등으로 욕설을 하면서, 손으로 경사 C의 뒤통수를 1회 때리고, 발로 위 경사 C의 양쪽 정강이를 수회 걷어찼다.

이에 위 경사 C 등 경찰관들이 피고인을 공무집행방해의 현행범인으로 체포한 후 순찰차로 데리고 가려 하자, 피고인은 발로 위 경사 C의 복부를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of slope C on the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to a victim police officer's photograph and image closure data;

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

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

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [the scope of the sentencing guidelines] - Basic sphere of obstruction of performance of official duties (the decision of sentence in June-1 and April) (the decision of suspension of performance of official duties/performance of official duties) - Unfavorable circumstances: criminal records of the same kind of crime and criminal records of violence. - The reasonable circumstances show that the defendant's act reflects the criminal, and there is no criminal records of suspension of execution or more.

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