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(영문) 수원지방법원 평택지원 2016.03.25 2016고단46
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

The Defendant, from 00:16 on December 24, 2015 to 01:07, Pyeongtaek-si where the Defendant drinks alcohol.

B. From “C” to “112”, repeated phone calls to 112 to require a police officer to move to the police officer without saying specific details of the report.

At around 01:20 on the same day, the Defendant received the Defendant’s report from the Assistant Inspector E belonging to the Pyeongtaek Police Station D District District, and received the Defendant’s request for returning home, along with a guidance that the content of the report by the Defendant does not become a legal problem, and received the above E face in this end.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Statement of report;

1. Application of each statute on photographs;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. The scope of punishment by sentence: Imprisonment for not more than five years;

1. Determination of types: Type 1 from among crimes that interfere with the performance of official duties;

1. Special sentencing factors: Where the degree of violence is insignificant;

1. The scope of recommending punishment: Imprisonment for not more than eight months;

1. A suspended sentence: A positive - Major positive : The degree of violence minor - General positive : The reason why it is not less than a suspended sentence but more serious one;

1. Determination of sentence: A decision shall be rendered in the same manner as the Disposition for six months of suspended sentence - Two years of imprisonment - the motive and background leading to the crime, the circumstances after the crime, criminal records, and other circumstances, such as the age, behavior, intelligence, environment, etc. of the defendant;

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