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(영문) 수원지방법원 평택지원 2015.11.20 2015고단1515
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 17, 2015, at around 22:30 on October 17, 2015, the Defendant: (a) was asked the police officer questions about the circumstances of the instant case at the Defendant’s house located in Pyeongtaek-si Building A, Dong 201; (b) was sent to the police officer’s house, and was asked the police officer questions about the circumstances of the instant case by him; (c) was pushed the chest of the police officer on one occasion by his hand; and (d) “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am to open the door.”

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers concerning the suppression of crimes and investigation affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) shall not be applicable;

2. The crime of this case, in which the sentence of sentence was determined, threatens a police officer on official duty with a deadly weapon, and the defendant's liability is very heavy in light of the method and content of the crime;

However, the fact that the defendant approved the facts charged in the instant case, sent the time of reflectness during the period of detention, deposited a considerable amount to the victimized police officer, committed a contingent crime by drinking, there is no record of punishment for the same kind of mistake, and other defendants.

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