(영문) 수원지방법원 성남지원 2013.05.09 2013고단372

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(영문) 수원지방법원 성남지원 2013.05.09 2013고단372

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 29, 2013, at around 01:10, the Defendant: (a) under the influence of alcohol on the street B in Sungnam-si, Sungnam-si, and received a report from a taxi engineer, and (b) was sent to the scene, and (c) was sent to the patrol vehicle to have the patrol vehicle go home from E, and (d) was sent to have the patrol vehicle go home to the scene; (b) obstructed the front of the patrol vehicle; (c) opened a door of the patrol vehicle and opened a door to the back of the patrol vehicle; and (d) stated that “I talk to the police station.” The Defendant was accompanied with the police officer as C, along with the police officer.

At around 01:30 on January 29, 2013, the Defendant, without any justifiable reason, assaulted the police officers belonging to the Sungnam-si C District District to “C District Madern Madern Madern Madern Madern Madern Madern Madern Madern Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon madon madon mad on the c district parking lot, and obstructed a police officer’s legitimate execution of duties concerning the prevention and suppression of the crime by assaulting the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [The punishment shall be imposed by taking full account of the following: (a) the period of obstruction of performance of official duties [the scope of recommending punishment] 6 months and 1 year and 4 months [the sentence] imprisonment; (b) the degree of obstruction of performance of official duties was expressed; (c) the degree of assault and bodily harm was serious; (d) the degree of assault and bodily harm was minor; (e) the person was punished by a fine for 2010 and 2011 as the crime of obstruction of official duties; (c) the person was punished three times for violent crimes; (d) there was no penalty exceeding the fine; and (e) the character and behavior of the

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