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(영문) 수원지방법원 2016.04.07 2016고단152
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 October 8, 2015, the Defendant was boarding a taxi at C taxi, but there was a taxi driver and a trial driver, and the Defendant was transferred to a police station E box in Suwon-si, Suwon-si, Suwon-si, the police station, along with the taxi driver.

The Defendant, at around 01:10 on October 8, 2015, at the instant police box, the Defendant was under the influence of alcohol, and the Defendant, to the effect that the police box F, who was affiliated with the above police box, would not have the horses “bring the same flaps, such as Chewing flaps,” to the Defendant F.

p.m. shall be discarded of internal organs.

Chewing gue’s theory, F avoided disturbance such as drinking to other police officers, and prevented F from drinking to the atmosphere, and interfere with F’s legitimate execution of duties concerning the maintenance of order of police officers by holding the Defendant as a drinking that occurs to the atmosphere on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The basic area (from June to January 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to April) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. The sentencing of the Defendant assaulted a police officer who is performing official duties. Considering the content of the instant crime and the method of committing the crime, the nature of the crime is not good.

However, the sentencing conditions and sentencing criteria indicated in the records, such as the character, conduct, family relationship, health status, etc. of the defendant, shall be comprehensively considered in light of the fact that the defendant's mistake is divided and reflected, the circumstances leading to the crime of this case, etc., and shall be sentenced as ordered.

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