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(영문) 수원지방법원 평택지원 2017.08.03 2016고단2441
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 20, 2016, at around 00:40, the Defendant reported 112 on the road in front of Pyeongtaek-si C, and received notification of the result of the repulmonation measurement from E from the superintendent of the police box belonging to the Pyeongtaek-gu Police Station D police station, which called to the relevant place, carried the vehicle of the patrol to take the vehicle from the vehicle from the above E in his/her hand, and pushed the E arms and pushed the breast.

As a result, the defendant assaulted police officers who were performing legitimate duties concerning the processing of 112 reports and criminal investigations, thereby obstructing the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

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. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

- The nature of the crime of this case does not correspond to those of the defendant. However, there are some points for the defendant to take into account the circumstances leading to the crime of this case. - There is no history of criminal punishment exceeding a fine. - The defendant is against his mistake.

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