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(영문) 수원지방법원 안양지원 2019.06.14 2019고단631
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 03:41 on March 1, 2019, the Defendant: (a) told D that he was asked to sit at the place to identify his personal information by the police officer D of the above police box he voluntarily driven the Defendant as a matter of taxi charges; (b) expressed D that “I am sicker; (c) I am sicker; (d) I am sicker; (d) I am sicker; (d) I am sicker; and (e) I am sicker, I am sicker’s hand.”

As a result, the defendant interfered with the legitimate execution of duties concerning the police officer's patrol and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112. List of reported cases;

1. Application of the Acts and subordinate statutes to CCTV analysis photographs;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of the sentencing guidelines] - The basic area of the first category of obstruction of performance of official duties (in the case of obstruction of performance of official duties/performance of official duties) / [decision of sentence] The defendant who committed assault against a police official on official duty needs to be strictly punished in order to establish a state’s legal order.

In particular, around 2011, the defendant was sentenced to a fine for obstruction of the performance of official duties and the crime of bodily injury against police officers.

around 2016, he was subject to a disposition that he was not prosecuted due to assault.

However, the attitude seems to reflect the defendant's confession and mistake.

Intoxicated, it has been committing a crime by accident.

The treatment of alcohol addiction began, and 2 million won was deposited under the pretext of agreement with the damaged police officials.

The sentence shall be determined as ordered in consideration of such circumstances, the age, character and conduct, environment, etc. of the defendant.

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