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(영문) 수원지방법원 안양지원 2015.04.10 2015고단142
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 19:20 on 19:19:10 on 19:15, the Defendant was faced with disturbance, such as destroying goods at the “Cju store” located in Sinpo City B, and obstructed the police officer’s 112 report handling of the case and the legitimate execution of duties concerning the suppression of crime investigation, etc., by assaulting the aforementioned E face two times as head, etc., and obstructing the police officer’s 112 report handling and investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the F and G respective Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Probation, community service, or order to attend a lecture has been sentenced to punishment for the same crime ten years prior to the reason of sentencing under Article 62-2 of the Criminal Act, and there are two or more previous criminal records of the same kind of punishment or suspension of execution, and multiple criminal records of violence are disadvantageous to the defendant.

On the other hand, there is only two previous fines after 2007, and there is no previous conviction after 2013, and the fact that the defendant acknowledges the crime after her drinking, and that he reflects it, are favorable to the defendant.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.

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