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(영문) 수원지방법원 여주지원 2014.12.15 2014고단808
공무집행방해등
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

The defendant is a worker in daily employment.

1. On October 20, 2014, the Defendant expressed the victim E (the 55 years of age) who enters the restaurant under the influence of alcohol while drinking alcohol in the restaurant “D” in the Gyeonggi-si, Gyeonggi-do on October 14:10, 2014. The Defendant expressed the victim’s desire to “ception,” and the victim followed by the victim “ception, age, drinking, drinking, and drinking. deadly,” etc.

2. On October 20, 2014, at around 14:40 on October 20, 2014, the Defendant was asked questions about the details of the report from G in the circumstances belonging to the Nanju Police Station F District House, which was dispatched to the second floor of the restaurant building by E, and the Defendant expressed to the above G at a large interest of “Chose, dead, and discarded,” and expressed to the said G at a drinking time a part of G’s head at one time with the hand floor.

Accordingly, the defendant interfered with police officers' legitimate execution of official duties on handling 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E, G, H and I;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the execution of public duties, the choice of imprisonment), and Article 283 (1) of the Criminal Act (the point of intimidation and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Although probation and community service order Article 62-2 of the Criminal Act had several records of the same obstruction of the performance of official duties, and the force of violence, the nature of the crime in this case again leads to the instant crime under the state of being committed, is not easy.

Provided, That the decision shall be made as per Disposition in consideration of the fact that the defendant makes a confession and reflects the crime.

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