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(영문) 수원지방법원 안산지원 2015.10.28 2015고단2719
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 03:05 on August 23, 2015, the Defendant: (a) expressed that “A police officer affiliated with the Silung Police Station, who was dispatched after receiving a report from 112 that “I will not occur in a taxi”; and (b) expressed that C, who was called “C, I sprinked,” expressed that he was “I sprinked,” was sprinking the bat of the above C, sprinking, sprinking the shoulder and breast parts.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a department related to reporting 112 cases;

1. Service log of the police box;

1. Statement of statement to C by the police officer;

1. Copies of the public official identification;

1. Each written statement of D and E;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

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

1. The scope of recommendations shall be limited to the category 1 (Obstruction of Performance of Official Duties) and the basic area (6 to 1 year and 4 months) (special person) of the same category;

2. The age, character and conduct, environment of the defendant, the background of the crime in this case, circumstances after the crime, etc. are committed, as it obstructs the police officers in uniform from performing their official duties, which are contrary to the decision of sentence.

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