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(영문) 수원지방법원 평택지원 2017.10.18 2017고단1249
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 13, 2017, at around 03:30, the Defendant: (a) received a report from 112, and sought to present identification cards from the police officer F who belongs to the E Unit of the Pyeongtaek-si Police Station Eargu, which called “D” located in Pyeongtaek-si C; (b) followed the Defendant’s flapsing down the flaps and pushed down the flaps.

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of 112 reports, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. One category (Interference with the execution of official duties and coercion of duties) in the mitigation area (one month - August) of the sentencing criteria; and

2. It is determined as ordered in consideration of all the sentencing conditions, such as the fact that the sentence appears to be a contingent crime, the degree of assault is relatively minor, the fact that the police officer has no previous record of obstructing the performance of official duties, the fact that the damaged police officer wants to punish the defendant, and the motive and circumstances of the crime in this case, the age, sexual conduct, family relationship, etc

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