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(영문) 수원지방법원 안양지원 2016.02.12 2015고단1980
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 September 13, 2015, 01:40 on September 13, 2015, the Defendant called to the scene by two police officers, including E (30 years old and South) who belong to the D Zone, who are police officers belonging to the D Zone, adjacent to the 112 report on taxi charges in front of the C Public Security Center located in Gunposi B, and called to pay taxi charges to the Defendant, and first returned a taxi engineer who received the payment thereof to the Defendant, and first returned the victim to the Defendant, “I ? ? ? ??

What is the speech within the meaning of this Article;

Does the police officer so on, Do not interfere with public duties.

"Dra and with the victim's reputation three times by drinking, and the victim's clothes have reached knife once due to the Masan cited.

As such, the Defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute on photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] No. 1 (Obstruction of Performance of Official Duties and Compelling of Duties) exists in the basic area (from June to January 1) [the person subject to special sentencing] [the decision of sentence] committed a second offense despite a previous offense of a fine for the same punishment, etc., which is disadvantageous to that person.

On the other hand, the fact that there are no criminal records above the suspension of execution, and the fact that the crime is recognized and reflected are more favorable.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.

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