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(영문) 수원지방법원 평택지원 2016.09.08 2016고단1543
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On March 16, 2016, the Defendant was sentenced to six months of imprisonment for the crime of interference with business at the Seoul Eastern District Court on March 16, 2016, and completed the execution of the sentence at Seongdong-gu District Court on June 17, 2016.

【Criminal Facts】

At around 17:50 on July 27, 2016, the Defendant reported 112 that “any person is used” while drunkly in front of “D restaurant” located in Pyeongtaek-si C, and recommended a police officer belonging to the Pyeongtaek-si Police Station Emb, who was dispatched to that place, to return home from G, without having been urged to return home from F. and G., the Defendant: (a) expressed a desire to read “Chewing sings, four police officers, and one-way,” and “Chewing singings, one-way, and one-way,” and (b) expressed a drinking, and (c) sealed the chest and shoulder of the above F, who restrains it, in drinking.

The Defendant continued to be arrested as a flagrant offender of the obstruction of performance of official duties due to the foregoing behavior, and had the police gate face on the part of the above G while walking the police gate in the course of boarding the police vehicle.

Accordingly, the defendant assaulted police officers who were performing legitimate duties on the dispatch duty of 112 reported and interfered with the execution of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Reading photographs of the motion picture;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports ( repeated crimes and confirmation of the same kind of power);

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. Determination on the application of the sentencing guidelines of Article 35 of the Criminal Act among repeated offenders: The scope of recommendations for the sentencing guidelines of Article 35 of the Criminal Act: the scope of recommendations for the application of the lower limit: consideration of all circumstances, such as not only the repetition of a repeated crime during the basic area (from June to April) of the obstruction of performance of official duties, but also the fact that there is an enemy punished for multiple same kind of crimes;

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