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(영문) 수원지방법원 2016.11.09 2016고단5300
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On June 5, 2016, at around 01:35, the Defendant recommended the payment of taxi expenses at the taxi boxes and the police boxes belonging to the Suwon, Southern, Police Station C of the Suwon, Police Station at the time of the police box at the time, which are the problem of taxi expenses, at around 01:35, the Defendant: (a) called “in the case of a police officer; (b) is the case of a police officer; (c) is the case of a police officer; and (d) is the case of a police officer, who takes part in the case of a police officer; and (d) was assaulted on the right side side side part of the D to interfere with the legitimate performance of duties by the police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes to photographs of parts of damage, CCTV extractions, etc.;

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

1. The fact that the defendant was in a state of drinking alcohol at the time of committing the crime is acknowledged, but in light of the background, method and content of the crime in this case, the defendant's speech and behavior at the time of committing the crime, etc., the defendant did not have the ability to discern things or make a decision under the influence of alcohol at the time of committing the crime;

It does not seem to have reached a state of or weakness.

The reason for sentencing [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the area of mitigation [Special Mitigation] of the obstruction of the performance of official duties of the defendant [Determination of sentence] The court shall make a sentence as ordered in consideration of the circumstances of the crime committed by the defendant and the situation at the time of the crime, violence committed by the defendant and the degree of obstruction of official duties of the defendant, the circumstances after the crime, the attitude of the defendant's reflective attitude after the crime, his previous offense relation (at least the history of punishment or criminal punishment exceeding the fine, but there is no history of punishment exceeding the fine) and all other conditions of sentencing specified in records and arguments.

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