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(영문) 수원지방법원 안양지원 2015.11.06 2015고단1397
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 September 13, 2015, around 21:14, the Defendant was under the influence of alcohol in the “D” located in Ansan-si C, Ansan-si, and was subject to police officers, such as Annyang-gu Police Station E zone F, etc., working at the site, and tried to take measures to care of the Defendant, but the Defendant was in the E zone located in Ansan-gu, Ansan-gu, Ansan-si, where he was under the influence of alcohol and interfere with his duties, and was trying to take measures to care of the Defendant. However, the Defendant did not notify his home address under the influence of alcohol, thereby

From around 21:30 on the same day, the Defendant, from around 21:30 to police officers located in the above E zone, sounded that “Chewing gue, yeas, family members are dead,” and “I see if I am much after drinking at the head of the relevant E zone,” and assaulted the Defendant, at around 22:25 on the same day, who was committing the act of principal cancellation F, to leave from the E zone, with approximately 7 mnife part of the back part of the F as a hand-top.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A H statement;

1. Application of each statute on photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The sentence shall be determined as per the disposition, in consideration of the following: (a) there is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-6 months), and there is no special person [decision of sentence] (the decision of sentence] district area; (b) there is considerable time to avoid disturbance in the district area; (c) there are several times of criminal records of violence-related fines; or (d) there is no criminal records of suspended sentence or more; and

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