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(영문) 수원지방법원 2014.11.28 2014고단4057
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On July 21, 2014, at around 02:30, the Defendant: (a) took a bath to D, the owner of the building, who resides in the fourth floor, under the influence of alcohol, and took a part in the entrance door at a bar, and obstructed the legitimate performance of public duties in relation to the duty of a police official, by assaulting him/her, such as f. of a police officer, and g. of a police officer, who was on his/her left scam, who was called for a 112 report, when he/she got out of his/her place of residence. (b) On July 21, 2014, the Defendant: (c) took a bath to the said G, “this g (34 years of age) g. of a police officer who was called for a 112 report; and (d) took part in a g., g., g., g., g., g., g., g., g., g.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

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

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Education [Scope of Recommendation] : Basic area of obstruction of Performance of Official Duties (In June to January 1): Imprisonment with prison labor for six months, suspension of execution 1 year, probation and order to attend education for one year, although there are no records that exceed fines for the defendant, but there have been records of having been punished several times for violent crimes within the last three years. Thus, the execution of imprisonment with prison labor for the defendant shall be suspended, but the probation and order to take lectures for violent therapy shall also be issued.

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