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(영문) 수원지방법원 여주지원 2017.09.26 2017고단1066
공무집행방해등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2017, the Defendant damaged the Defendant’s male-gu D, who was under influence of alcohol at the headline operated by the Victim C in Gyeonggi-gu, Gyeonggi-do, G, 19:40 on August 7, 2017, stating that “The Defendant shall report to the police”, and that the Defendant’s male-gu, male-gu D was “the Defendant should report to the police”, and that he was released from ri-gu, the victim’s market price on the Kabter.

2. The Defendant interfered with the performance of official duties, upon receiving a report at the time, time, and place specified in paragraph 1, took a bath to F officials belonging to the police box of Pyeongtaek-gu Police Station Epis, and walked twice a day, and she took a bath to G during the process of stopping the boom, and assaulted him/her at one time to walk.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to D, G and C;

1. Application of statutes not to apply punishment;

1. Articles 366 and 136 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Crimes No. 1 (Obstruction of Execution of Official Duties) within the scope of the recommended punishment [Scope of the Punishment, ] Class 1 (Obstruction of Execution of Official Duties and Compelling of Duties) (No person subject to special sentencing from June to June) in the basic area (no person subject to special sentencing] [Scope of the Punishment, ] Class 2 in the mitigation area (Article 1 (Destruction of Property, etc.) [Scope of the Punishment, etc.] (Article 1-6 months from January to June] in the mitigation area (Article 1) (Article 1-6 months from the mitigation area of punishment: June to September:

2. It is so decided as per Disposition, taking into account all the sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, etc., that the Defendant was committed at the time of and against his own criminal act, agreed with the victim C, that there was no other penalty than the punishment imposed once a criminal act of different types, and that there was no other penalty.

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