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(영문) 수원지방법원 평택지원 2018.01.18 2017고단1812
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2017, at around 02:50, the Defendant: (a) took alcohol in front of Pyeongtaek-si and was parked there; (b) expressed the Defendant’s desire to “I am home from the police box affiliated with the police box of Pyeongtaek-gu Police Station D, which called “I am sweet any longer than I am sweet; (c) I am sweet the front and back of the face of the above sweke E one time, who was off the Defendant’s knife with a Handphone, so I am am sweet.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Acts and subordinate statutes to documentary evidence and investigation reports filed by police officers in mobilization;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the standard for sentencing [the scope of recommended punishment] is minor in the scope of mitigation (one month to eight months), such as assault, intimidation, deceptive scheme, or obstruction of public duty, in the area of mitigation (the prevention of interference with the performance of public duties and the coercion of duties).

2. Determination of sentencing below the sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- there are several records of punishment for the same crime, provided that the degree of damage is not much serious. - The defendant is against his own mistake.

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