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(영문) 수원지방법원 안양지원 2017.05.23 2016고단1190
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

피고인은 2016. 7. 18. 22:41 경 안양시 만안구 C에 있는 ‘D 식당’ 맞은 편 버스 정류장 앞 노상에서 술에 취하여 누워 있던 중 ‘ 술에 취한 남자가 쓰러져 있다’ 라는 112 신고를 받고 출동한 안양만 안 경찰서 경찰 관인 피해자 E가 귀가할 것을 종용하였다는 이유로 화가 나 ‘ 야 이 개새끼야, 내가 니들 짭새 다 죽여 버린다, 니들 소속 어디냐,

Before filing a complaint with the inside of the Republic of Korea, he/she saw that he/she was “a breath,” and assaulted, such as flaging multi-functional vests worn by the said E, flaging the head and shoulder of the said E’s part of the flag.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer, the above E- 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to a investigative report (faculingCCTV images);

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 Act on the Suspension of Execution [the scope of recommendations given in the sentencing guidelines] - The basic area of Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) (from June to April) (No person in charge of special sentencing): - No person in charge of favorable sentencing (determination of sentence): The defendant's mistake is recognized; the defendant has no record of being punished twice for another type of crime; the defendant has no record of being punished for a fine on more than twice for another type of crime - Unfavorable circumstances: The defendant assaultss police officers who want to help the defendant who was on the street under the influence of alcohol and thus, the crime is not good.

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