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(영문) 수원지방법원 안산지원 2018.05.24 2018고단896
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 28, 2018, the Defendant: (a) received 112 reports from the convenience store C located in Ansan-si Group B, Ansan-si; and (b) received guidance from police officers, such as Ansan-si Police Station affiliated with the police station of the Ansan-si, the police officer, and police officers, who called the above convenience store, and boarded the patrol vehicle; (c) on the same day, around 01:40, the Defendant was placed in the front bus stop in front of 2007, an F apartment house near the above convenience store.

At around 01:43 of the same day, the Defendant received a guide from the above police officers to the effect that “I am out of the door, I am out of home,” but failed to comply with this without any reason, and “I am out of the door, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off the clothes of the above patrol police officers who want to board the above patrol, and pushed off the above patrol cars, and interfere with the legitimate execution of duties regarding the handling of reports by police officers, such as plucking and plucking the body of the above police officers who prevented the Defendant from doing the above act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act appear to be against the defendant, there is no record of punishment or penalty exceeding a fine due to interference with the performance of official duties. On the other hand, the crime of this case is very poor, the degree of tangible force of the defendant directly exercising the police officer's body is not easy, the defendant has one fine due to violent crimes, two penalties due to drunk driving, and all other conditions of punishment as shown in the records, such as the defendant's age, occupation, sex behavior, environment, and circumstances before and after the crime of this case.

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