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(영문) 수원지방법원 여주지원 2019.05.10 2019고단303
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

On February 20, 2019, around 22:34, 2019, the Defendant: (a) reported on the 1112-report of “sibbbage and city expenses” by passengers; and (b) took a detailed attitude, which seems to have been done to the police officer belonging to the Gyeonggi-do Police Station, for the purpose of drinking C; and (c) assaulted the head portion of D on one occasion from the slope of the same affiliated slope.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation and investigation reports;

1. Application of Acts and subordinate statutes on the statement of D;

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

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. Six months from the scope of recommendations to one year and six months (basic area); and

2. The fact that the sentence was previously sentenced to punishment for the same kind of crime, the form of conduct, etc. shall be taken into account in unfavorable circumstances, but the fact that the time is human and reflects, support relationship, and deposit KRW 300,000 for the victimized police officers, etc. shall be considered as favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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