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(영문) 수원지방법원 평택지원 2017.07.12 2016고단2779
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 11, 2016, 2016, the Defendant himself/herself driven a alcohol at the police station of Pyeongtaek-si Police Station Down-si (Seoul) around 07:40 to 08:20 on October 11, 2016, by the police officer on the preceding day.

On the facts suspected of having been doubtful, the police box had a stone with a stone strings several times. Then, finding that E and F, a police officer belonging to the above police box, passed the patrol to take the patrol, obstructing the progress of the patrol boat by carrying in front of the patrol box, and exercising the force against the police officer, such as the stoping of the vehicle back in the future of the patrol box where the damage occurred.

Accordingly, the defendant interfered with police officers' patrol and maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) (the conditions favorable to the following) of the Act on the Suspension of Execution [the scope of the recommended sentence] The basic area (from June to January, 1) of Article 62 (1) of the Criminal Act (the scope of the recommended sentence] does not interfere with the performance of official duties (the suspension of performance of official duties and the coercion of duties) [the special sentencing person] [the sentence] unfavorable: This case is a case where the defendant was found in the remaining box where the defendant was found to have a complaint on the handling of the case related to the defendant, and the defendant was found in the remaining box, and the damaged police officer had no record of crime exceeding the punishment against the defendant. Other favorable circumstances such as confession, reflect, criminal record and fine: The defendant's age, family relation, and criminal record of the crime: the defendant's imprisonment with prison labor for six months or more, and the suspension of execution of execution of duties for more than two years.

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