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(영문) 수원지방법원 평택지원 2015.04.03 2015고단232
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

Around 01:45 on January 14, 2015, the Defendant: (a) filed a report on the fact that the Dusscar vehicles owned by the Defendant are blocking one-lane on the road of the Ccafeteria Dried in Ansan City B; and (b) filed a report on the fact that the slope E belonging to the Ansan Police Station, which called the Defendant, attempted to move; (c) would be sprinking; or (d) would be sprinking, not sprinking, and sprinking, sprinking, and growing, sprinking, sprinking, sprinking, sprinking, etc., of the Defendant; and (e) the Defendant interfered with the execution of public duties of the police officer in a way that sprinking, sprinking, sprinking, and executing the public duties of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6 months to one year and four months) of the obstruction of performance of official duties [Determination of sentence] / The crime of obstruction of performance of official duties requires strict diversification because it harms the authority of the public authority and impedes the establishment of legal order. However, the defendant recognized the facts charged in this case, there is no history of punishment for the same mistake, there is little minor degree of punishment for the obstruction of official duties, and there is little minor degree of punishment for the obstruction of official duties, and the execution of imprisonment is suspended on the condition of community service work at once taking into account the following circumstances: the defendant's age, character and behavior, family environment, etc.

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