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(영문) 수원지방법원 안산지원 2016.11.16 2016고단3735
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 1, 2016, at around 23:50, the Defendant was requested to return home from the police officer D, and the police officer, who was requested to take measures against the Defendant, which walk up due to taxi riding at the police box located in Ansan-si B, Ansan-si, Ansan-si, Masan-si.

As a night-time worker, the Defendant argued D and E that he had his residence in order to have the Defendant safely returned home to the Defendant, that “I will not know the citizen market. I will see amba,” and that “I will not leave the opening.” The Defendant assaulted the chest left home of E one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers at night time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The service log of a police box;

1. Copies of the E-public official identification card of patrolmen;

1. Application of the Acts and subordinate statutes concerning the case-related photographs and photographic data of the suspect A violence;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Basic sphere of the types of obstruction of performance of official duties (in the case of coercion of performance of official duties) (6 months to 1 year and 4 months); and

2. The age, character and conduct, environment, details of the instant crime, circumstances after the crime, etc., of the criminal defendant, which has been committed in violation of the decision of sentence.

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