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(영문) 수원지방법원 안양지원 2015.07.16 2015고단652
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 20, 2015, the Defendant: (a) at the safe police station’s office located in Anyang-si, 159 Doo-ro 43 during the period of Ansan-si on April 20, 2015; and (b) at the police station’s office located in Anyang-si, about 30 minutes of traffic accident caused by the Defendant, “FE” during the conversation with the police officer E belonging to the police station’s DNA group during the safe-time period; and (c) at one time, the Defendant interfered with the police officer’s legitimate execution of duties concerning the prevention, suppression, and investigation of the crime; and (d) at the same time, the Defendant inflicted injury on the right side of the victim, which requires medical treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement of opinion;

1. Application of Acts and subordinate statutes to a report on investigation (on-site CCTV);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant and his defense counsel asserted on the assertion of the Defendant and his defense counsel under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation Act. The Defendant asserts that the Defendant was in a state of mental disability under the influence of alcohol at the time

According to the records of this case, it cannot be seen that the defendant was aware of drinking at the time of the crime, but the defendant lacks the ability to discern things or make decisions. Thus, the above assertion by the defendant and the defense counsel cannot be accepted.

Reasons for sentencing

1. Scope of recommendations: Imprisonment for two months to one year;

(a) The mitigated area (two months to one year) of all general injuries;

(b) In the case of an minor injury (type 1 and 4), in the case of a special mitigation (type 1 and 4), in the case of a violation of punishment (including a serious effort for the recovery of damage), or in the case of recovery from a considerable part of damage:

2. Determination of sentence:

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