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Reasons
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(영문) 수원지방법원 안산지원 2016.04.06 2016고단437
공무집행방해
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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

On December 14, 2015, the Defendant received a report of 112 stating that he was under influence of alcohol at the 'C main points located in Ansan-si, Ansan-si, Mansan-si, the Defendant was released from E by the police officer affiliated with the Ansan-si Police Station D police box called 'F main points located near the above business establishment', and was asked from the above police officer while entering the place where he was under influence of alcohol and the time expenses.

The defendant was demanded to return home from the above police officer on the second floor of the second floor of the building where "F 23:43 on the same day" was 23:43 on the same day, and the defendant's body was tightly left from the body of the above police officer and her body about the police officer's body over several times, and she expressed the victim's face at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. Application of Acts and subordinate statutes to the department reporting the case of 112, a copy of the patrol box;

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. Type 1 (Interference with the performance of official duties and coercion of duties) in the basic area (six months to one year and four months);

2. The age, the background of the crime in this case, the circumstances after the crime, etc. are committed, as it obstructs the performance of official duties by impeding the decision-making of sentence.

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