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(영문) 수원지방법원 2016.07.20 2016고단2831
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three months.

However, 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

At around 06:00 on April 4, 2016, the Defendant was under the influence of alcohol in front of 2016, and was under the influence of alcohol in front of 200, and was under the influence of alcohol in front of 200, and was under the influence of 112, the Defendant continued to take a bath at the police box of the police station C, which was dispatched by the police box belonging to the police box belonging to the head of the police station, but was under the control of D, and issued a notice of penalty payment to D for the violation of the Punishment of Minor Offenses Act (e.g., drinking disturbance).

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to inquire into a copy of a penalty payment notification and a written notification;

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

1. In the event that the extent of violence, intimidation, and deceptive scheme is minor in the mitigated area (one month to eight months), the sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] is to be mitigated (one month to eight months) (the special mitigated person] [the decision of sentence] the circumstances of the crime committed by the defendant, violence committed by the defendant and the degree of interference with official duties resulting therefrom, circumstances after the crime was committed (the situation in which the defendant continuously avoided disturbance at the police station), the defendant's attitude of reflectness, criminal record relation (no criminal record has been imposed after the defendant was punished for a violent crime) and all other conditions of sentencing as shown in the record and change theory are considered.

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