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(영문) 수원지방법원 2016.10.12 2016고단4055
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 July 12, 2016, at least 04:12, the Defendant: (a) sent a fighting event at the Fnonoso branch located in Suwon-si, Suwon-si, the Suwon-si, the Suwon-si, the Suwon-si, the Suwon-si Police Station D, which was located in the Suwon-si, on the same day; (b) received 112 reports and sent a fighting event; and (c) voluntarily carried out a fighting event from the border G belonging to the said D branch; (d) sent a complaint to the said D branch while voluntarily traveling; (e) sent the G to the said branch, and (e) took a serious bath for him; and (e) interfered with the performance of official duties by assaulting a police officer who was performing legitimate official duties in accordance with the receipt of a report on 112 report.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. A report on investigation;

1. Application of the Acts and subordinate statutes on the photographic image of black stuffs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is recognized that the Defendant was in a drunken state at the time of the instant crime, but did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime, in light of the background, method, and content of the instant crime, the Defendant’s act before and after the instant crime, and the attitude of statement to the investigative agency immediately after the instant crime.

It does not seem to have reached a state of or weakness.

The reason for sentencing [Scope of Recommendation] Where the degree of mitigation area of obstruction of performance of official duties (a person who has been specially mitigated) (a person who has been subject to obstruction of performance of official duties in January or August) is minor [decision of sentence] The reason for the crime of the defendant, violence committed by the defendant and obstruction of official duties resulting therefrom, circumstances after the crime was committed (as to the defendant's face in the process of arrest), reflective attitude of the defendant, criminal record relation (as to the same type of crime, there was no record of punishment exceeding fines and there was no record of punishment exceeding fines) and other various other conditions of sentencing as shown in records and arguments.

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