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(영문) 수원지방법원 평택지원 2017.04.26 2017고단90
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2016, the Defendant is asked to inform the police officer E belonging to the Pyeongtaek Police Station D's District of his personal information, who was reported to him by 112 while engaging in a c'C' at around 21:40 of the drinking value problem with the owner of the business and the owner of the business in Pyeongtaek-si B. The Defendant is asked to inform him of his personal information from E who was called to the same place.

“Along with verbal abuse, she was pushed down with the above E-line by hand.”

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of 112 reports, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. Application of the sentencing criteria - Scope of the recommended sentence: Class 1 (Obstruction of Performance of Official Duties and Compelling of Duties) that interferes with the performance of official duties;

2. The sentence shall be rendered as ordered in consideration of all the sentencing conditions shown in the records and arguments, including the fact that the sentence has no record of the same kind, the degree of assault is minor, the circumstances leading to the instant crime, the defendant's attitude of reflectivity, etc.

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