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(영문) 수원지방법원 성남지원 2016.12.21 2016고단2789
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 September 23:45, 2016, the Defendant: (a) expressed that the Defendant was locked before the vehicle under the influence of alcohol on September 23:45, 2016; (b) demanded that the Defendant d (32 years of age) belonging to the Police Station C District Unit of the Branch of the Branch Police Station called out after receiving a report that the Defendant was able to sleep before the vehicle, shoulder the Defendant, and return home; (c) stated that the said police officer “I am out of night, going to go back, and going back,” and carried the chest of the said police officer by hand.

Accordingly, the defendant assaulted the above police officer and interfered with the legitimate execution of duties concerning the maintenance of order of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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 ( considered as follows):

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The basic area of the obstruction of performance of official duties (decision on the suspension of performance of official duties and coercion of official duties) / (decision on the sentence of June-1 year and April): The circumstances favorable to the possibility of obstruction of performance of official duties, obstruction of performance of official duties and force of assault: The degree of assault is relatively minor, and the degree of assault is relatively minor, the punishment is determined as ordered in light of all the conditions of sentencing, such as the above circumstances and the defendant's age, character and behavior, environment, relationship with the victim, degree of damage

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