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(영문) 수원지방법원 안산지원 2016.03.30 2016고단64
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On January 2, 2016, the Defendant, at the police station of Ansan-gu, 10, the 00:05 Annsan-gu, Annsan-gu, Annsan-si, Annsan-si, Annsan-si, a 10-dominator, was found in the punishment department, while drinking.

The phrase “in order to enter the Republic of Korea,” and was subject to the restraint from a superior police officer D, etc. who had been on duty in the courtroom.

Defendant continued to receive a request for returning home along with the information that he would visit again after the face of the foregoing D, etc., but he refused to do so and “I will send him to the door.”

After the phrase "", the above D's uniforms were taken once as drinking.

Accordingly, the defendant assaulted the above D and interfered with the legitimate execution of duties by auxiliary police officers with respect to the duty of emotional shots.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each protocol concerning the examination of suspect of the police to D or E;

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. The reason for sentencing under Article 62 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes [Scope of Recommendation] There is no person [the person subject to special sentencing] in the basic area (from June to April] [the decision of sentence] [the person subject to special sentencing] in light of the contents of the crime in this case, and the defendant has been punished several times, such as the crime of bodily injury, etc., it should be sentenced to strict punishment. However, even though the defendant has a deep depth of his mistake, the defendant has no history of the crime other than being punished for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles) and a quasi indecent act committed by force in 2000 and 206, there is no history of the crime in excess of the punishment, the degree of the crime has not been committed, and one million won has been deposited against the auxiliary police officer who has committed the crime in this case, and the circumstances and circumstances of the crime in this case, including the defendant's age before, after and after the crime in this case.

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