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(영문) 수원지방법원 성남지원 2016.04.20 2016고단421
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 January 8, 2016, the Defendant is required to pay a taxi fee from a slope D, a police officer belonging to the said district group, due to the occurrence of a taxi driver or a scamb because he/she did not pay a taxi fee in front of the district office of the Southern Police Station C, which is located in B of the said district group on January 8, 2016, and he/she is required to return home to the police officer. The Defendant is required to “I am to the police officer now.”

Wner is a public official, who wishes to do so.

The purpose of the "B" was to play a bath, etc., and assault the police officer's balbbbage with the bals and bals, etc., which did not balp and unfold it, thereby hindering the police officer's legitimate execution of duties

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. The Defendant asserts to the effect that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime, Article 136(1) of the Criminal Act, and Article 136 of the Criminal Act regarding the crime.

According to the evidence duly adopted and examined by the court, although the defendant was found to have drinking at the time of the above crime, in light of the background, means and method of the crime in this case, and the defendant's behavior before and after the crime, it does not seem that the defendant did not have a weak ability to discern things or make decisions due to drinking.

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (one month to eight months) (i.e., interference with the performance of official duties) [Special mitigated Persons] [Pronouncement Decision] The motive, background, means, and result of the instant crime, the circumstances before and after the instant crime, the defendant's age, sexual behavior, environment, and other arguments are comprehensively taken into account; however, the defendant is a disadvantageous sentencing factor that has many criminal records, such as violence, drinking, etc., and the degree of interference with the execution of official duties of the instant case and the degree of interference with the execution of official duties is not limited.

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