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(영문) 수원지방법원 평택지원 2014.10.16 2014고단1201
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 15:50 on August 10, 2014, the Defendant asked a police officer on the name-free statement who performed drinking at the “C” restaurant located in Pyeongtaek-si B, and asked him/her about his/her age, but the police officer reported him/her to 112 on the 16:30 on the ground of the above restaurant without an answer. At around 16:30 on the same day, the police officer reported him/her to her to her on the road outside the above restaurant, the police officer E (52 years old) who was called upon the above 112 report and asked him/her about the details of the report while drinking the Defendant, and asked him/her about the above E/her on the brea police station D police box, who was called upon the above 112 report and sent him/her to her on the breath of alcohol, and thereby assaulting him/her on whether he/she will drink her with his/her will or not, thereby interfering with the victim’s performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order shows a tendency that the defendant cannot control himself when considering the criminal records, etc., and the instant case also seems to be on an extension line, and it is inevitable to punish the defendant strictly even in order to realize the awareness of the bomb.

However, in consideration of the fact that the defendant has been led to the confession of the crime, and there is no record of punishment exceeding the fine, the punishment as ordered shall be determined at once in consideration of the age, character and conduct of the defendant, circumstances after the crime, etc.

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