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(영문) 수원지방법원 안양지원 2017.01.19 2016고단1787
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 17, 2016, in front of the 'C' restaurant in the Sinpo-si B, Sinpo-si, Sinpo-si, Sinpo-si, around 22:35 on August 17, 2016, the Defendant: (a) expressed a defect in order to issue a notice to the head of the Sinpo-si Police Station D police station E, who was dispatched to the site upon receiving a report of 112 due to the drinking value; and (b) assaulted E by drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (on-site conditions, victim's statement, use of outfit, etc./port picture verification);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the recommended punishment] The crime obstructing the performance of public duties in relation to the

2. The sentencing conditions, such as the age, sex, family relationship, family environment, and the circumstances after the commission of the crime, shall be set as ordered in full consideration of the following circumstances:

3. Unfavorable circumstances: The defendant has already been subject to criminal punishment twice due to the crime of damaging public goods, obstructing the execution of official duties, etc.: The defendant led to the crime of this case.

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