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(영문) 수원지방법원 안산지원 2017.08.18 2017고단1876
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 June 6, 2017, the Defendant: (a) committed an assault against the police officer, such as the Defendant’s failure to comply with a request for returning home from the police officer, who is a public official belonging to the police officer belonging to the police station, the police station, the police officer of the Gyeonggi-si Police Station, who was called out after receiving a report from 112 on the front of the building B of Ansan-si, Ansan-si, 19:50 on June 6, 2017; (b) the Defendant, upon receiving a request for returning home from the police officer belonging to the police officer belonging to the police station, who was called for the Defendant at the same place; and (c) the Defendant, who continued to request the Defendant to return home at the same place, flick the police gate worn with the said E, and flick the

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A written statement;

1. Each investigation report (investigation of evidential images and telephone call);

1. Application of Acts and subordinate statutes to the on-site photographs and the table of 112 reported cases;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing guidelines under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders are set out in six months to one year and four months (one year and four months (the group of crimes obstructing the performance of official duties, obstructing the performance of official duties, obstructing the performance of official duties, and basic area).

However, since the sentencing criteria do not present a separate processing method for commercial concurrent crimes, this case does not apply the sentencing criteria, but only consider them as reference materials for proper sentencing.

The crime of this case is a case where a police officer interferes with the performance of official duties by using violence without any particular reason while under the influence of alcohol.

However, the defendant was committed by committing the crime of this case, and his mistake was divided, and criminal punishment was imposed in the Republic of Korea.

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