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(영문) 수원지방법원 평택지원 2016.01.28 2015고단1931
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On December 5, 2015, the Defendant observed that three police officers, other than D, from the security guards belonging to Pyeongtaek-si Police Station C District Department, were under influence of alcohol, and without any justifiable reason, “I am under the influence of alcohol” to the above police officers in front of Pyeongtaek-si B Officetel on December 5, 2015.

A taxi or bus is not subject to drinking inspection

C f Doz. Doz. Doz. Doz. Doz.

"In doing so, it threatened the face of the above police officer D by drinking, and assaulted three times the chest of the above police officer by assaulting the above police officer's chest, thereby hindering the police officer's legitimate execution of duties concerning drinking control.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The basic area (fe.g., interference with the performance of official duties and coercion of duties) of Class 1 (fe., June to one year) (f., one year and four months) (f., the decision of sentence] of the instant crime is not good; however, the Defendant led to confession and reflect of the instant crime; the Defendant did not have any previous conviction for the last ten years; and the Defendant’s age, sex, family environment, and other various circumstances indicated in the records, etc. shall be determined as the sentence as per the Disposition.

It is so decided as per Disposition for the above reasons.

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