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(영문) 수원지방법원 성남지원 2018.05.15 2018고단312
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on January 28, 2018, the Defendant was able to avoid disturbance, such as taking a taxi on the B taxi and taking a bath for the taxi engineer without leaving the destination. Accordingly, the Defendant reported the taxi to 112 and moved the taxi to a D police box located in Gwangju City by driving the said taxi.

The Defendant, at around 01:30 on the same day, was requested by the police officer affiliated with the instant police box to speak for a destination from E before the instant police box, and was cut off to E, saying, “I am to request to go to the friend, house,” and called, “I am to go to the friend, house,” and opened a door to the back seat of the taxi he was on board before it.

E's buckbucks strongly shocked by taxi door, continuous unloading from taxi, bathing to E, and pushed off E's breast part by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are seriously against the defendant, and the defendant's age, sex, environment, means and consequence of the crime, circumstances after the crime, and records of the crime in the trial process of this case shall be determined by comprehensively taking account of various sentencing conditions as shown in the trial process of this case, including the defendant's age, sex, environment, means and consequence of the crime.

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