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(영문) 수원지방법원 안양지원 2017.01.06 2016고단923
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 May 29, 2016, the Defendant: (a) committed an act of disturbing drinking at D cafeteria located in Ansan-gu, Manyang-gu, Manyang-gu; (b) on May 29, 2016, the Defendant sent to the site and returned to the site by police officers, such as police officers and employees of the E Zone belonging to the Ansan-gu, Police Station Ear-gu

In that case, approximately 30 minutes after the defendant found in the above restaurant in the second place.

In order to issue a penalty surcharge to the Defendant in violation of the Punishment of Minor Offenses Act to the police officers, etc. who were dispatched to the scene and again received 112 reports, and who were dispatched to the site, the Defendant “pine”.

Doz. Doz. Doz.

B. Before now, the lower court, by hand, followed the F’s lower part of the said police officer at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the sentencing guidelines] - The basic area (from June to January, 1) of types 1 (Interference with the performance of official duties and coercion of duties) (Article 62-2 of the Criminal Act) (Article 62-2) of the Act on the Protection and Observation of Specific Crimes (Article 62-1 to April), which is committed for unfavorable circumstances: The extent of violence committed by the defendant while recognizing the commission of a crime is relatively minor.

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