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(영문) 수원지방법원 안산지원 2016.11.23 2016고단3950
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 21, 2016, at around 22:18, the Defendant: (a) reported 835, 112 on the road in front of the sports luminous apartment complex 4 commercial apartment complex, and requested the police officers belonging to the Gyeonggi Mine Police Station B Zone B to return home to the site after receiving a report that “the drunk male is coming on the road; (b) caused the Defendant to display the said Category C’s buckbucks one time and several times of drinking; and (c) assaulted the police officers D to display the drinking alcohol and gather a cellular phone.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Photographs of damaged parts;

1. On-site photographs;

1. Application of the Act on the Place of Work for District B;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 crime in this case, circumstances after the crime, etc. are committed, as the crime has been committed contrary to the decision of sentence.

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