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(영문) 수원지방법원 안산지원 2016.10.27 2016고단3124
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 17, 2016, at around 23:49, the Defendant was exposed to the police officer D and E, a police officer belonging to the Ansan Police Station C District of the Ansan Police Station called up after receiving a report from 112, among men who were wraped in front of the Masan-si, Ansan-si B.

Accordingly, when receiving personal information and other questions from the above police officers, the Defendant exceeded his clothes, displayed his body body’s body body body to police officers, and was 15 years from the flabed. The Defendant attempted to leave the said E’s hand by hand while referring to the flab at the seat of the flab. The police officers attempted to stop the flab, and assaulted the flab of the E’s chest with the defect that the police officers attempted to stop.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the movement of the above police officers' report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E and D;

1. Application of Acts and subordinate statutes entered in the 112 Reporting Case Handling List;

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. The sentence of imprisonment is to be imposed on the Defendant, considering the following factors: (a) the scope of the first category of recommendations for the sentencing of Article 62-2 of the Criminal Act and Article 62-2 of the community service order, where the Defendant had the basic area (six months to one year and four months) of the obstruction of performance of official duties (in spite of the same criminal records (a fine), resulting in the instant crime; and (b) the nature of the crime and the circumstances of the crime directly exercising the force to police officers are not less

However, the defendant shows an attitude against the crime of this case, and appears to have caused the crime of this case to a wrong drinking habits. However, considering all the circumstances, such as the fact that the defendant currently undergoes alcohol treatment and is willing not to repeat the crime of this case, it is decided to determine the term of punishment such as the order and suspend the execution of imprisonment.

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