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(영문) 수원지방법원 안양지원 2016.03.11 2015고단511
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 March 12, 2015, around 00:05, the Defendant: (a) committed an act that the police officer sloped D, a police officer belonging to the police station C district unit of the police station, who was called out after having received a report that the junator was suffering from disturbance, sent the Defendant to the patrol vehicle of the police station C district unit of the police station, and expressed D’s desire to take the Defendant’s residence into his house; and (b) committed an act that could be taken into drinking; (c) on the Gap’s own hand, the Defendant committed an assault, i.e., assaulting D’s face face on the left side of D; and (d) flying the patrol car with a signal.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers to the scene and the maintenance of order.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

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

1. Application of the sentencing criteria [type determination] Crimes obstructing the performance of official duties, interference with the performance of official duties, Type 1 (Interference with and Forced Performance of Duties) (the territory of recommendations and the scope of punishment), the basic area, six months to one year and four months;

2. Six months of imprisonment with prison labor and one year of suspended sentence (one year of suspended sentence or more, and there is no previous conviction for the same kind of crime, the circumstances of the crime, the age of the defendant, his sex, and the conditions of sentencing as shown in the arguments of this case, such as the environment);

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