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(영문) 수원지방법원 2016.05.16 2016고단890
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 28, 2016, the Defendant: (a) 22:30 on the road located in Young-gu, Young-gu, Suwon-si, Suwon-si; (b) was drunkly driven in front of the convenience store C; (c) the Defendant was fluencing the sponsor and fluor; and (d) reported 112, the Defendant was dispatched to the scene by the police officer D (25) (25).

When the defendant was asked by the above D about the circumstances of the case, the defendant "I am feas, N. N., I am sick." The defendant D's face with D's hand floor was at one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to witnesses in the preparation of E;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to one year and four months) (no person in special sentencing) shall interfere with the performance of official duties;

2. The defendant committed assault against the police officer in the course of performing official duties. In light of the content and method of the crime of this case, the nature of the crime of this case is unafford, the defendant's mistake is recognized, and there is no record of punishment exceeding the fine prior to this case, etc. In addition, the defendant's age, family relationship, sexual conduct, etc., and all the sentencing conditions indicated in the records and arguments on changes, shall be comprehensively considered. It is so ordered as per Disposition.

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