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(영문) 수원지방법원 2017.01.13 2016고단6975
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 October 17, 2016, the Defendant was under the influence of alcohol, and was found to be a police box of the Dong-dong Police Station C (UP) Dong-dong (UP) Dong-dong (UPP) in the influence of alcohol, and the Defendant was boomed with disturbance, such as taking the police officers who were on duty at a large level and taking an excursion telephone device at the place where the police officer was in service at a large level, and prevented the Defendant from taking it.

C The body of the police box attached to C was carried out several times by hand, and the body of the police box belonging to C, which confirms the personal information of the defendant, was carried out several times by shouldering the body of the police box.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes D and E, a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement in each police statement made to D and E;

1. Application of video Acts and subordinate statutes to video CDs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment on the sentencing criteria / [type] the scope of the recommended punishment / [type] where the degree of violence is minor in the mitigation area [a person who has a special mitigation] of the mitigated area (a person who has a special mitigation of punishment / one month to eight months] of imprisonment;

2. In light of the circumstances revealed in the arguments in the instant case, the sentence shall be determined within the scope of the recommended sentence, taking into account the following factors: (a) the Defendant, even before and after the sentence was rendered; (b) there was no record of punishment heavier than a suspended sentence; (c) the Defendant has been led to a criminal act under the influence of alcohol; (d) the Defendant committed a contingent crime; (e) the degree of assault against the police officer is minor; and (e) the Defendant deposited KRW 300,000 for the police officer D and E; and (e) the Defendant’s age, sexual conduct, motive for the criminal act; and (e) other circumstances shown in the arguments in the instant case, such as the circumstances after the criminal act.

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