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(영문) 수원지방법원 안산지원 2017.02.09 2016고단4591
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

The Defendant, at around 22:50 on December 3, 2016, was under the influence of alcohol in front of the Ansan Urban Construction Work, the head of the police station B police box belonging to the Gyeonggi Urban Police Station B police box of the Gyeonggi Urban Police Station, who was called out after receiving a report, carried the Defendant and carried the Defendant. “The Defendant is the police officer.”

T. T. T. T.

Without any reason, the above police officer expressed kiss, kis, and kis, kis, kis, and franch, kis, kis, kis, and kis, as if the police officer were flashed, kis, and booms the police officer, and flabs, she kis, walked the back of the back, walked the back of the back to the above C, pushed the chest by hand, and pushed the above D’s kis, “ kis, kis, f.e., kis, kis kis kis kis kis kis kis kis kis kis kis kis kis f.”

Accordingly, the defendant interfered with the legitimate execution of public security duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. CCTV-related images;

1. Application of statutes on the photograph of the case

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor (the following extenuating circumstances among the reasons for sentencing shall be considered):

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing as set forth below) is [the scope of recommendation] the basic area (from June to January, 1) of Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing) (the grounds for sentencing) (the grounds for sentencing), and there is no person in charge of special sentencing [the grounds for sentencing] [the defendant has long history of being punished as a single violent crime, but there is no record of being punished as a single violent crime against the defendant, and the facts that the crime of this case is not good in light of its details and methods are committed, etc.

However, in consideration of favorable circumstances, such as the fact that the defendant recognized his mistake and reflects the defendant, and there is no criminal history exceeding the fine, and the conditions of the sentencing prescribed in Article 51 of the Criminal Act, the same punishment as the order shall be determined.

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