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(영문) 수원지방법원 평택지원 2018.06.20 2017고단2382
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 October 10, 2017, at around 02:10, the Defendant, under the influence of alcohol in Pyeongtaek-si C, was under the influence of alcohol, and was under the influence of assaulting the Defendant, and the Defendant was under the influence of assaulting the Defendant E, etc., and upon receiving the report 112, the Defendant was under the control of the police officer of Pyeongtaek-si Police Station F District, and was under the check of the circumstances of the instant case, and threatened the Defendant, as he was under the threat of being under the influence of the Defendant’s own drinking.

Since then, the Defendant was arrested as a current offender who interfered with violence and the performance of official duties, and was seated next to the police of Pyeongtaek-si in order to take custody of one another at the center of Pyeongtaek-si on the same day at around 04:17, the Defendant was able to take the face of G two times as head.

After 04:24 on the same day, the Defendant assaulted the H’s shoulder to take the Defendant into custody at the entrance of the Pyeongtaek Police Station on the same day at the same time.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers related to the suppression and prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement protocol (No. 7, 9 No. 5) against G;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to the investigation report (No. 15 No. 5 of the evidence list);

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentence of Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution and Punishment of Crimes No. 1 (the scope of a recommendation) on the grounds of the sentencing of Article 62(1)(the scope of a punishment] under Article 62(1)(the Act on the Suspension of Execution and Punishment of Specific Crimes / [the scope of a recommendation punishment / No. 6 months to one year and six months] of the basic area (the scope of a recommendation punishment / the scope of a person who has a special sentencing ] of Article 62(2) of the Act on the Suspension of Execution and Punishment of Specific Crimes / [the scope of a punishment 6 months to one year and six months] of the basic area (the scope of a recommendation / one year and six months) of the Act on the Suspension of Execution and Punishment of Specific Crimes / [the decision of a sentence] from

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