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(영문) 수원지방법원 여주지원 2015.12.18 2015고단979
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 21:40 on October 7, 2015, the Defendant was under the influence of alcohol in the front of “C” located in Sju City B. However, upon receiving a report that “a person under the influence of alcohol is under the influence of alcohol,” the Defendant was urged the Defendant to return home from the police officer D, who was a police officer belonging to the Snju Police Station, dispatched to the site.

The Defendant: (a) demanded a shoulderer or the above D to wear the patrol vehicle; and (b) took a bath to “shot, branfing, Chewing flafing,” while going to the patrol vehicle; and (c) assaulted the above D’s face at one time on the left side of the vehicle by stopping the patrol vehicle; and (d) assaulting the said D’s face at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A victim photograph;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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 (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is that the police officers who perform public duties in the state of uniformed, even though they had been punished several times as violence-related crimes, shall be subject to heavy responsibility.

On the other hand, in consideration of the favorable circumstances such as the defendant's age, family environment, motive, means and consequence of the crime, etc., the defendant committed the crime of this case by drinking, the defendant committed the crime of this case by drinking, the exercise of tangible force, and other favorable circumstances such as the defendant's age, home environment, motive, means and consequence of the crime, and all other factors of sentencing as shown in the arguments of this case, such as the circumstances after the crime,

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