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(영문) 수원지방법원 여주지원 2018.05.09 2018고단274
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 3, 2018, the Defendant: (a) was on the street in front of the two parallel police stations located on the 42nd parallel parallel of the Gyeonggi Pyeong-gun, which was located on March 22, 2018, and reported to the scene by the host Party C, and the police box C, who was dispatched to the site by the host Party C, and the police box D, identified the circumstances against the Defendant; (b) the Defendant was able to visit the site; and (c) the Defendant was able to find out the developments against the Defendant, the Defendant was able to see, “the Defendant was frighted, frighted

In doing so, “a spiting C and D” had expressed an attitude to see the said C and D on several occasions as drinking, and had expressed an attitude to gather stones in this place, and assaulted C, D with their body, and spiting C and D with the said C and D.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to investigation reports (reports accompanying images impeding the performance of public duties);

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by sentence: Imprisonment for one month to five years;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommended sentence] the basic area (six months to one year and six months) (special mitigation (special mitigation)] / Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor / Where there are many damaged public officials (one type).

3. The defendant who has been sentenced to a fine for the same kind of crime in 2000 and 2001.

The defendant's mistake is against the defendant.

In addition, all other circumstances, such as the age, environment, family relationship, motive of the defendant's statement, circumstances after the crime, etc., the punishment as ordered shall be determined together.

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