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(영문) 수원지방법원 평택지원 2019.03.21 2018고단1649
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 26, 2018, around 01:36, the Defendant demanded on the crosswalk in front of the Hangu-si Central 54-1, “A person who spaws a drinking spaws” to stop the front of the patrol vehicle B district B district 11, which was called out after receiving a report from 112, to stop the front of the patrol vehicle, and then stop the patrol vehicle, which was called out. Upon refusal from the police officer, the Defendant spaws the door of the patrol vehicle, spaws the patrol vehicle in hand, spaws the patrol vehicle in hand, spaws the patrol vehicle in hand, and spaws the left shoulder of the patrol vehicle C belonging to the B district spaws, spaws the head of D with his head, and spaws the Defendant’s left hand.

After all, the Defendant interfered with the legitimate execution of duties of police officers concerning crime prevention and handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. A punishment is to be imposed as ordered in consideration of the circumstances favorable to the defendant, such as the following: (a) the fact that a number of offenses, including violent crimes, which have been committed several times for the reason of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the defendant among the reasons of sentencing), and the fact that the nature of the offense was poor due to the crime against the police officer in uniform; (b) however, there is no particular criminal power during the last ten years; (c) the confession and reflect of the instant crime; and (d) the fact that the degree of obstruction of performance of official duties was not heavy.

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