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(영문) 수원지방법원 안산지원 2016.09.20 2016고단592
공무집행방해등
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 became final and conclusive.

Reasons

Punishment of the crime

1. On November 22, 2015, the Defendant interfered with the performance of official duties: (a) was under the influence of alcohol in front of the second floor of the Hanyang-gu 230 Mannyang-gu Manyang-gu 230, the second floor of the 230 Manyang-gu, the Defendant was urged to return home from D and the police officer of the police station, who was dispatched to the site after receiving a 112 report; (b) the Defendant was urged to return home from D and the police officer of the police station, who was dispatched to the site on three occasions in the 112 report; and (c) the said E’s chest that occurred on the site was pushed up one time with his/her hand, and again interfered with the Defendant’s lawful performance of duties concerning the notification, dispatch, measures, etc. of the said police officer on two occasions.

2. The Defendant: (a) during the same time, at the same place, and at the same time and place, sent out to the scene after receiving a report of 112 persons around 10 persons around the scene; and (b) while the said victim’s sprinke, sprinke, sprinke, sprinke, sprinke, sprinke, and sphere, sphere

As can be seen, the Merean Ministry of Health and Welfare shall do so, do so, the Merea, the Merea, the Merea, the Merea of Crops

The victim openly insultingd the victim by referring to “as it can be seen as death.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of aggregated of long-term punishments) of the Criminal Act to increase concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] : (a) the basic area (at least six months, minimum limit is applied) (at least six months, minimum limit is applied) of Article 62(1) of the Criminal Code; (b) there is no criminal history in Korea; (c) there is no domestic criminal history; and (d) there are all the arguments in the instant case, such as the defendant's age, sex, family environment, motive and circumstance of the crime, and circumstances before and after the crime.

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