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(영문) 수원지방법원 안양지원 2018.07.24 2018고단208
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 5, 2018, the Defendant: (a) committed a traffic accident in front of the D restaurant located in the Gu C during the Ansan-si period; (b) while being accompanied by a vehicle driven by the driver, the Defendant: (c) was under the influence of alcohol; (d) was unable to take the vehicle under the influence of alcohol into the roadway where the towing vehicle was installed; (d) was informed of the defect that the towing vehicle was under the influence of alcohol; (e) the slope E belonging to the police station and the police officer F, etc. were forced to prevent the accident during the course of being dispatched to the site after receiving a report.

The Defendant, by hand, abused F with a breath, dumped F, dump, dump, and dumped E’s hand in which the video was taken to cut off the cell phone, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to six months from one year and six months [the scope of the recommended punishment], and the basic area (up to one month from June to six months) (up to six months) of the basic area (up to one year and six months) of the suspension of the performance of official duties;

2. Determination of sentence: Suspension of the execution of imprisonment with prison labor for six months - Circumstances favorable to him/her - Circumstances unfavorable to him/her: In addition to punishment of a fine due to an injury, etc. in 2010, he/she may have the power to criminal punishment;

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