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(영문) 수원지방법원 여주지원 2016.06.29 2016고단315
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2015. 9. 5. 23:50 경 이천시 B에 있는 ‘C’ 앞 도로에서, 마침 그곳에서 음주 단속 근무를 하고 있는 이천 경찰서 교통 관리계 소속 경찰관 D가 E에게 음주 측정을 요구하는 모습을 발견하고, D에게 다가가 양팔을 벌려 가로막으며 ‘ 물을 주고 1 시간 이후에 측정하라! 시발, 짭새면 다냐!

The phrase "I am", and the phrase "I am mara and water continuously changed, so I am am fine even after one hour, I am am mara, and I am am amb." The police officer F and G, a police officer belonging to the Leecheon Police Station, who kept the am home while leaving the defendant, even though I am am back, I am am am well and the police officer should go home."

Does it be in remote forms.

씨 발!’ 이라고 욕설을 하며 주먹을 들어 때릴 것처럼 위협하고, 이를 제지하는 F에게 계속하여 ‘ 씨 발 개새끼야! 짭새 새끼야, 니들 옷을 벗겨 버리겠다.

It is possible to prevent the police life on the floor of the Leecheon.

In doing so, “the police officers were threatened as if they were on drinking.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the crackdown on drinking alcohol by police officers F and G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] There is no basic area (from June to one year and four months) (the person who has been subject to special sentencing) (the decision of sentence] [the degree of interference with the execution of the instant public service for two years of suspension of six months, and the extent of interference with the execution of the instant public service for two years of suspension of six months, is not easy, and the defendant made a mistake, such as the circumstance that the defendant had a record of criminal punishment several times, and the defendant made a mistake.

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