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(영문) 수원지방법원 안양지원 2016.09.06 2016고단582
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 13:20 on February 17, 2016, the Defendant: (a) boarded from the subway 4 lines to the train of 4344 located in Ansan-si, Ansan-si; and (b) got off from the train of 4344 to the active duty-free area; (c) around 13:40 on the same day, the Defendant was asked two female female members of the shipbuilding satisfaction, who were seated in the nearby seat of the Gu during the period of Ansan-si, at around 13:40 on the same day.

Accordingly, the above women responded to “I would like to die??” and the Defendant committed a disturbance to the above women, such as “I would like to salute it,” which read “I would like to salute it, I would like to salute it.”

The police officers, such as slope C, who belong to the Police Station B District Zone B, called the front lane to the subway line 4 lines in receipt of a report, and sent the front lane to the subway line 4 lines, and there is a defect in the above slope C to ask the defendant for a self-specing, and the defendant gets a face of a slope C with the voice of "the police officer is dward and dward."

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (Obstruction of Performance of Official Duties);

1. Application of the Acts and subordinate statutes concerning the victim's photograph and work place in B district;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation in Sentencing] - No basic area of obstruction of performance of official duties (fence of performance of official duties and coercion of duties) - No special person: [Pronouncement Decision] - favorable circumstances: The defendant acknowledges and reflects his/her wrongness, the defendant has no record of being punished as a suspended sentence or more; the defendant has no record of committing assault in 2006, in 2008, in 2012, in 2015, the defendant has record of being punished for each fine due to injury in 2015, and the victim is clearly aware that he/she is a police officer.

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