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(영문) 수원지방법원 평택지원 2017.09.20 2017고단1334
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

Around 01:45 on June 25, 2017, the Defendant: (a) was under the influence of alcohol in Pyeongtaek-si 456-17, and was urged to return home from B at the border of Pyeongtaek-gu Police Station affiliated with the Haak-gu Police Station, which was called “Wee, Hae, Hae, Hae, Hae, Hae, Hae, Hae, Hae,” and was notified of the police officer who was under the influence of alcohol in Pyeongtaek-si 456-17, and was under the influence of alcohol, and was urged to return home from B; (b) the Defendant took the bath of “Wee, Hae, Hae, Hae, Hae, Hae, Hae, Hae Hae Hae Hae Hae Hae Hae Hae Hae Hae Hae Hae Hae Hae Hae Hae Haek.”

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of 112 reports, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation (within the scope of the recommended sentencing criteria);

1. Application of the sentencing criteria [Scope of the recommended punishment] The area where the sentencing criteria are mitigated (Interference with the performance of public duties and coercion of duties).

2. Determination of sentence - Determination of favorable circumstances: Determination of sentence - Determination of sentence - Determination of sentence - Determination of all the factors of sentencing that can be known by the records of this case, including the following circumstances, the recognition and reflectivity of the crime, the previous conviction of the obstruction of performance of official duties (209), the fact that the degree of assault is relatively minor, etc. - The degree of assault is relatively minor:

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