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(영문) 수원지방법원 2015.05.27 2015고단871
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 27, 2015, at around 21:00, the Defendant assaulted C at the border of the above police station, who was seated next to the patrol vehicle and was sitting back to the zone in front of the entrance No. 8 of the Suwon-gu, Suwon-si, Simsan, with a report that the Defendant obstructed a bus in front of the bus under the influence of alcohol, on one occasion without any reason, and continued to assault C at the right part of B belonging to the traffic management department of the Suwon Police Station, which was called by the Defendant, on one occasion, after having received a report that the Defendant obstructed the bus in front of the bus under the influence of alcohol, and on one occasion without any reason, he tried C at the border of the police station belonging to the above police station, who was seated next to the zone in which he was on board the patrol vehicle at the back of the patrol vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B and C;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor for the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence of Article 62(1) of the Criminal Act on the grounds of the suspended sentence is deemed to have been imposed on the second crime [the scope of the punishment for the obstruction of performance of official duties] when the extent of assault, intimidation, and deceptive scheme is minor, the scope of the punishment for the obstruction of official duties [the scope of the punishment for the obstruction of official duties] shall be deemed to have been imposed on the police officers in one month or one year [the decision of the sentence], one year or one year [the decision of the punishment for the same crime committed by the defendant is made], and there are two times the records of punishment for the same crime committed by the defendant, and there are no records of the offense, other than those of violence, which are disadvantageous to the defendant, such as the fact that there is no past record of the punishment for the obstruction of official duties beyond the fine, the fact that the defendant commits assault, intimidation, and deceptive scheme is minor, and other circumstances are recorded.

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