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(영문) 수원지방법원 2016.07.22 2016고단1926
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 January 20, 2016, from around 04:20 to 04:40 on the same day, the Defendant: (a) in front of the food “C” located in the Gansi District B; (b) there is a defect in inducing the Defendant to return home to the Defendant by the slope E belonging to the D District of the police station of the Seocho-gu Police Station, which was sent by the Defendant under the influence of alcohol and received a report of 112 to the effect that the Defendant was frighting a fright; (c) obstructed the Defendant’s own fright of the patrol; (d) opened a door of the patrol car; and (e) want to die the F’s lower demand with the Defendant’s back at the back seat.

”라고 욕설을 하면서 응하지 않다가, 순찰차의 뒷 문짝을 수 회 여닫아 F의 왼쪽 팔 부위가 2~3 회 문짝에 부딪치게 하고, 계속하여 공무집행 방해죄의 현행 범인으로 체포되어 용인 서부 경찰서 D 지구대로 인치되던 중, 위 지구대 앞에서 F의 왼쪽 종아리를 발로 1회 걷어찼다.

As a result, the Defendant interfered with F’s 112 reporting cases and lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Application of Acts and subordinate statutes stated in an investigation report;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., favorable circumstances deemed as the following grounds for sentencing):

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria / [type] the basic area [the scope of the recommended punishment] shall be punished by imprisonment for six months to one year and four months; and

2. Determination of sentence does not have the record of being punished for the same crime, and the confession of a crime is taken into account under favorable circumstances for the defendant, and taking into account all the circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, the order is issued within the scope of the sentence of sentence for recommendation.

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