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(영문) 수원지방법원 평택지원 2018.02.21 2016고단2829
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 14, 2016, the Defendant: “Around 20:12, the Defendant was drunk at the “C Singing practice room” in Pyeongtaek-si B, and the Defendant was under the influence of alcohol to “hinging a disturbance,” the Defendant, upon receiving 112 reports, sent back the door to the front seat of the patrol vehicle, setting up the door to the front seat of the patrol vehicle, and pushed the said E, “Is without fring, fring, fring, fring, fring, fring, fring, fring, fring,” and fringing the door to the said E.e., “h., fring, fring, fring, fring, fring,” and fring the chest of E.

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the processing of 112 reports, thereby hindering the performance of official duties.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act, grounds for sentencing of the punishment of imprisonment (within the scope of the recommended sentencing criteria) concerning the crime;

1. Application of the sentencing criteria [Scope of the recommended punishment] and interference with the execution of public duties: The basic area (fence of the performance of public duties and coercion of the performance of duties).

2. Taking into account all the conditions of sentencing, including the fact that police officers who have decided to sentence sentence want the punishment of a defendant, the degree of violence and intimidation, the motive and background of the crime, the circumstances after the crime, and the criminal records of the defendant;

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