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(영문) 수원지방법원 안산지원 2016.12.15 2016고단3527
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 23:50 on May 27, 2016, the Defendant committed assault, such as moving the Defendant on the second line, a police officer of the Ansan-gu Police Station C police box, a police officer of the Ansan-gu Police Station, who was called up on the road of the second line, to India, moving the Defendant on the road of the second line, under the influence of alcohol, “I am al, I am al, I am al, I am al, I am am al, I am al, I am al, I am al, and I am almbling the said D’s chest and albbbbbbly al, I am ebbbbbbs in the surrounding area.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of video-related Acts and subordinate statutes to photographs, such as paintings, mags, etc.;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act requires the Defendant to be sentenced to imprisonment, taking into account the following circumstances: (a) the basic area of the obstruction of performance of official duties (six months to one year), the degree of the obstruction of official duties (six months to four months), appears to be relatively heavy; and (b) the Defendant has two times criminal records related to violence.

However, considering all circumstances such as the fact that the defendant shows an attitude against the crime of this case and the fact that the defendant appears to be a contingent crime, it is decided to suspend the execution of imprisonment with prison labor.

It is so decided as per Disposition for the above reasons.

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