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(영문) 수원지방법원 2015.09.02 2015고단1048
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 2, 2015, around 09:00, the Defendant, who refused to leave, obtained permission from the victim E, who is the father of the church, by deeming that he/she would drink in the first floor restaurant of the "Diplomatic Association" located in Seosung-si, Gyeonggi-do, and that he/she would drink in the "Diplomatic Association", and even if he/she received a request for delivery from the victim, he/she did not continue to do so thereafter, he/she shall leave without justifiable grounds

The Gu did not comply with the Gu.

2. The Defendant interfered with the performance of official duties at the above date, time, and place, and the police officer F (35 years of age) who was dispatched after receiving a report for the said reasons, refused to comply with the request for a change in the face of F at the school, and obstructed the legitimate performance of duties by the police officer in charge of notification 112, taking the face of F at one time at the school.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of respective Acts and subordinate statutes of E and G;

1. Article 319(2) and (1) of the Criminal Act and Article 136(1) of the same Act concerning criminal facts and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Summary of evacuation after entering the residence of another person for the reason of sentencing under Article 62-2 of the Criminal Act;

The crime of this case, which committed violence against a police officer who failed to comply with the Gu and dispatched after receiving a report, is bad, or the defendant was found to have committed a crime under the influence of breath under the influence of alcohol, and there are circumstances to be considered in light of the circumstances, and the victims have not been seriously damaged. It is so decided as per Disposition in consideration of all the reasons for sentencing.

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