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(영문) 수원지방법원 2018.10.18 2018고단4767
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On May 27, 2018, the Defendant heard that he was written by the host in front of the C convenience store located in Osan-si B on May 27, 2018, after receiving a report from 112 that he was written by the host in front of the C convenience store located in Osan-si, Sinsan-si.

"Chewing ...", "grings", "grings.", and "Death" shall be discarded.

“Chinging to the left side of the police officer, two times the left side of the said police officer’s bridge, walking to the above police officer’s bridge, and doing so. The above police officer’s act seems to have been done in the course of drinking.

As a result, the Defendant interfered with the police officer's legitimate execution of duties concerning the handling of reports and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A report on internal investigation:

1. Investigation report ( telephone conversations between victims);

1. Application of statutes on field photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for sentencing) of the suspended sentence (the following sentencing) is [the scope of the recommended sentence], the basic area (from June to January 1) of the Act on the Interference with the Execution of Official Duties, and the scope of the compared sentence with the recommended sentence: From June to one year and six months [no person subject to special sentencing]: Re-offending during the suspended sentence period against the defendant during the period of six months to one year [the sentence]. Re-offending the defendant during the suspended sentence period. A crime of violence, such as the same crime (the crime of interference with the performance of official duties), the violation of the Punishment of Minor Offenses Act (the crime committed in the official document), and the insult against the police officers several times. A normal crime favorable to the defendant is recognized. There is no other kind of contingent crime that is recognized, and there is no other kind of criminal conviction above the suspended sentence. A comprehensive element of sentencing as provided for in Article 51 of the Criminal Act.

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