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(영문) 수원지방법원 2016.03.25 2015고단6236
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 3, 2015, the Defendant: (a) expressed the desire to return home to the Defendant on December 3, 2015; (b) expressed that, on the backway of the Nonghyup-si branch of the Nonghyup-si, the 134-ro 134, the Defendant: (c) on the ground that, upon receiving a report from 112, C, a police officer of the police station B of the Seocho-gu Police Station B, which was called the Defendant and the Defendant, told C to return home; and (c) requested to return home to C, and refused it; and (d) stated that C’s body part is sealed by hand, and C’s arms are sealed by hand, and C’s arms are cut off by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reporting duties and the maintenance of public order, which is the police officer C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of Acts and subordinate statutes written statements prepared by E;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. The scope of the sentencing guidelines for recommendations / [type] a crime interfering with the execution of public duties, interference with the performance of public duties, one type (in the event that the degree of violence is minor) mitigation area (in the event that the degree of violence is minor), imprisonment for not more than eight months;

2. The sentence shall be imposed within the scope of the sentence for recommendation, taking into account the following circumstances: (a) the defendant who has been sentenced to punishment for the same kind of crime or has no record of being sentenced to a suspended sentence or heavier punishment; (b) the extent of violence against police officers is minor; and (c) the punishment shall be determined within the scope of the sentence for recommendation, taking into account the age, sexual conduct, motive for crime, etc.

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