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Reasons
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(영문) 수원지방법원 2016.10.27 2016고단4887
공무집행방해
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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2016, at around 00:17, the Defendant: (a) sent back to the site after receiving a report from C Licensed Real Estate Agent, that the proprietor scam scam scam in front of C Licensed Real Estate Agent, and sent back to the site, and obstructed the police officer’s legitimate performance of official duties by assaulting the above police officer E’s left face on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of the F;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months), and there is no special person [decision of sentence] The defendant inflicts bodily injury upon the police officer, and the defendant is arrested as an offender in the act of committing an act of committing an act of committing an act of committing an act of committing an act of committing an act of crime, and is disadvantageous to the circumstances after committing an act of crime.

On the other hand, there are favorable circumstances such as the fact that the defendant reflects the mistake, that the defendant does not have a criminal record exceeding the fine, that the defendant's wife needs to protect the defendant as he is in the state of amburine.

The sentencing conditions shown in the records, such as the above various circumstances and the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, etc. shall be determined as per the disposition.

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