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(영문) 수원지방법원 안산지원 2016.06.28 2016고단1153
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 12, 2016, the Defendant: within 08:30 on April 12, 2016, within 2, 2016, the c 1st floor of the 2nd underground floor of the building B in Ansan-si, the Defendant: (a) at the end of the business; (b) the Defendant: (c) the 112-reported and sent by the Defendant; and (d) the Defendant: (c) the defect that the E police box affiliated with the police box of the Gyeonggi-gu, Police Station D, which was sent by the Defendant upon receipt of the 112-reported and called back to the Defendant; and (c) the defect that the Defendant: (d) the Defendant “b) the knick and drawed to calculate internal weather,

Chewing swelth, bottled, and swelthed at one time, the governance swelth, and blated, the blatd, the attitude that seems to be flat twice the face side of E by swelth, and the swelthd, the swelthd, etc. on the left side of E, interfered with legitimate execution of duties concerning the maintenance of order of 15 minutes police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The basic area (from June to January 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to April) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. Determination of sentence: The sentence shall be determined in full view of all the conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime.

Since a crime that interferes with the performance of official duties is a bad and neglected crime as a challenge to public authority, a good citizen may suffer damage if he/she neglects it, the necessity of punishment is also high.

Therefore, the sentence of imprisonment is selected.

It is against the rule of law.

There shall be no history of the suspension of execution of imprisonment or heavier punishment.

Considering this point, the execution shall be suspended, but community service order shall be ordered.

The punishment history of a fine has reached nine times, and a considerable number of them are caused by violent crimes.

The above punishment history;

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