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(영문) 수원지방법원 2015.08.10 2015고단2725
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 22:10 on May 17, 2015, the Defendant was urged to return home to other customers on the ground that he was drunk from the slope E belonging to the D Zone in the Seodong Police Station of the Sungdong Police Station, which was called out after receiving a report from 112 to the effect that he was “any person who would enjoy time expenses,” and that he was under the influence of alcohol from the sloping E and the sloping F, and became out of the above head of the house.

However, when the above defendant prevented the defendant from putting the above door door into the front door, the defendant assaulted the above left door part of the above E one time to the right door.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the balance of recommendations according to the sentencing guidelines [the scope of recommendations] shall be 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) (the scope of recommendations];

2. Determination of sentence: The sentence shall be determined as per the disposition, taking into account six months of imprisonment, the degree and degree of violence committed by the defendant for two years of suspended execution, the degree and degree of interference with the execution of official duties, and the fact that the defendant is against the crime, the fact that the defendant commits the act of drinking and contingent, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment subject to punishment exceeding the fine, and other matters that are conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character

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