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Reasons
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(영문) 수원지방법원 2018.04.25 2018고단644
공무집행방해
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A defendant shall be punished by imprisonment for six 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 January 31, 2018, the Defendant stopped on the intersection where he/she was dead at the time of industrialization at around 01:37.

C while looking at the back of the taxi as a matter of charge, the police officer tried to take the above E’s back part of the back of the back of the taxi with the 112 report, “A passenger fesscing the disturbance,” and took a bath to the slope E of the police box affiliated with the Sung-gu Police Station D police station, which called “A passenger fescing the disturbance,” and assaulted the above police officer by walking the E’s back of the back of the taxi.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes on photographs of damage;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area (from June to June) of the sentencing criteria shall not interfere with the execution of public duties;

2. Determination of sentence: (a) The facts that the crime of this case was committed by a police officer who has lawful execution of duties are not good enough to be committed by violence; (b) there was a record of punishment for a criminal record of violence; (c) the defendant is against the confession of the crime of this case; and (d) the defendant appears to have caused contingent crimes under the influence of alcohol.

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