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(영문) 수원지방법원 안양지원 2016.12.20 2016고단1680
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:20 on August 21, 2016, the Defendant: (a) committed an assault, such as: (b) the police officer D, who was called for, after receiving a report of 112, that he was used by the principal in front of the building B; (c) the police officer D, who was called for, and the police officer of, the Kunang Police Station, who was called for, the Defendant: (d) brought an me to stop home by causing himself; and (d) the Defendant: (e) brought an me to flash, embling back, or flash, “A flash, flash,” and flading the flae part of the left-hand side of the building E with a bad hand, flashing the flae part of the D left-hand left-hand side.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to F with respect to the obstruction of performance of official duties;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of the sentencing guidelines] - The basic area of the obstruction of performance of official duties (the obstruction of performance of official duties/performance of duties) - No special person: [Determination of sentence] - there is no benefit: The defendant's mistake is recognized; the defendant has no record of having been sentenced to a suspended sentence or more; the defendant has no record of being sentenced to a suspended sentence - The defendant was sentenced to a fine of three million won for the obstruction of performance of official duties at the Seoul Central District Court on May 2016. Nevertheless, the defendant repeated the crime of this case for about three months.

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