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(영문) 수원지방법원 2016.07.18 2016고단2997
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 13, 2016, around 20:37, the Defendant was unable to prevent the vehicle passing ahead of the front of the Sinsan City B, and upon receiving 112 reports, the Defendant sent the vehicle to the site on the spot by the police officers D and E belonging to the Sinsan-dong Police Station C District.

When the Defendant received a request for confirmation of identity from D and E, the Defendant sealed D’s shoulder with arms and sold E’s right shoulder at one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:

1. Application of the sentencing guidelines [Determination of types] There is no person who interferes with the performance of official duties, interference with the performance of official duties, one type (Interference with the performance of official duties and coercion of duties) (special sentencing person] (the territory of recommendation and sentencing of recommendations], the basic area of the sentencing, June -1 year and April;

2. Determination of sentence: four months of imprisonment and one year of suspended sentence prices the police officers who lawfully perform their official duties.

This is the duty to interfere with public duties to be performed strictly, and the responsibility is heavy.

On the other hand, there is a reflection that acknowledges the facts of crime and misleads them.

For E, one million won was deposited.

In addition, it is also recognized that the history of criminal punishment is not confirmed.

In full view of the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, family relationship, health status, motive and consequence of the crime, and circumstances constituting the conditions for sentencing as shown in the instant pleadings, the sentence of a suspended sentence of imprisonment shall be imposed on the Defendant.

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