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(영문) 수원지방법원 평택지원 2017.11.29 2017고단1877
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 September 14, 2017, the Defendant, at around 23:45, 2017, committed an act of disturbance by drinking panty panty, entering the building site in Pyeongtaek-si B, and being dispatched to the site upon receipt of a report by 112, and received a request for returning home from D by the superintendent of the police box affiliated with the police box of Pyeongtaek-si Police Station C, which was called to the site. The Defendant used the shoulder part of the above frib D as his hand, and used the shoulder part of the above frib D as his hand. In other words, the Defendant assaulted the frib D’s chest part as his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images and investigation reports (verification of these images);

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 on the observation of protection and observation (within the scope of the recommended sentencing criteria);

1. Application of the sentencing criteria [Scope of the recommended punishment] The area where the sentencing criteria are mitigated (Interference with the performance of public duties and coercion of duties).

2. Determination of sentence - Determination of favorable circumstances: Determination of sentence - Determination of sentence - Determination of sentence - The fact that there is no record of punishment for having been sentenced to a fine exceeding the same kind of criminal record and fine, and the fact that the degree of violence is relatively minor, etc. - Other unfavorable circumstances: (a) there is a record of having been sentenced to a fine once due to the offense of insult against a police officer dispatched after receiving a report 112 (2013), and (b) the fact that a damaged police officer wishes to punish a defendant - All the above circumstances and all the sentencing factors that can be known by the records of this case, such as the age, sex behavior, family relationship

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