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(영문) 수원지방법원 평택지원 2016.06.17 2016고단481
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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2016, the Defendant is under the influence of alcohol in front of the “bending in front of the half in Pyeongtaek-si C” at around 21:40.

‘The 112 Report' was received from E, a police officer belonging to the D District Police Station of Gyeonggi-gu Police Station, who received and called 'the 112 Report' and received a request for returning home.

Accordingly, the Defendant, while under the influence of alcohol, is the police officer “I am more than I am more than I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am..

Bador Bador

"In doing so, assaulted the inside of the police officer, such as flaging the inside of the police officer, in the kis of the train that had been in the flag."

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order and the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement of patrolmen E;

1. Application of each statute on photographs;

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

1. Determination of types: Type 1 from among crimes that interfere with the performance of official duties;

1. Persons subject to special sentencing: None of them;

1. Scope of recommended punishment: Six months to one year and four months (the basic area of the type No. 1);

1. A suspended sentence: positive - With no force on criminal punishment, serious reflectivity, and social ties clearly;

1. Determination on the sentencing criteria (determination of sentence): Imprisonment with prison labor for not less than six months, two years of suspension of execution - The aforementioned circumstances and motive and circumstances leading to the crime, circumstances after the crime, crime records, and other circumstances, such as the defendant's age, sexual conduct, intelligence, environment, etc., shall be determined as per the disposition;

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