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(영문) 수원지방법원 평택지원 2017.08.02 2017고단819
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the main point of “C” located in Pyeongtaek-si B on March 18, 2017 around 06:05, arguing that he/she flicks are flicking to next customers.

Haba" means that "Haba" from a policeman E belonging to the Pyeongtaek-gu Police Station D, who received a 112 report and called to the place, “Haba Haba Haba Haba Haba Haba Haba Haba Haba Haba Haba Haba Haat Haba Haba Haba Haba Haat Haba

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 for E;

1. Application of F’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. Application of the sentencing criteria - Scope of the recommended sentence: Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties). The mitigation area (one month to August);

2. Determination of sentence - Determination of sentence - The degree of violence is not much severe, the performance of official duties is not hindered and there is no record of crime exceeding the fine, and the records and changes are considered in light of all the sentencing conditions shown in the records and changes, such as the circumstances of the crime in this case.

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