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(영문) 수원지방법원 안양지원 2017.03.17 2016고단1705
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

On October 2, 2016, the Defendant: (a) received a report from the 112 Sinpo Military Police Station D Senior E and Rabman F, a 19:00 Sinpo Military Police Station, 55.31, stating that the Defendant, who ever ever ever driven on the roads in front of Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, shall have a 5.31 bus.

"I ambling for the reason that I did not see even after being satis, and did not see satisf's f's horse without being satisf's horse, I ambling for the catf's f's bat, the bat E's satisf's satisf's sat, and the bat E's satf's satisf's satisf's satisf's satisf's satisf'

"At the same time, she was tightly tightly pushed about the chest E by her hand while she was "on the face of the width, she was tightly performing official duties."

As a result, the defendant has prevented police officers in charge of 112 reporting duties from performing their legitimate duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. A report on investigation;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to records of field videos;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Determination of sentencing under Article 62-2 of the Social Service Order Criminal Act (the range of punishment according to sentencing guidelines) - Fundamental area (the interference with the performance of official duties and the coercion of duties) (the period of six months to one year) of the basic area (the suspension of execution of official duties) - No person who is subject to special sentencing (the decision of sentence) for six months of imprisonment [the period of suspended execution - the period of two years to six months of imprisonment, disadvantageous circumstances: the circumstance and contents of the crime, poor circumstances before and after the crime, etc. - There are significant characteristics of the crime in light of favorable circumstances: recognition of mistake; recognition of mistake; absence of any history of punishment as a crime of obstructing the performance of official duties - Other circumstances: Defendant’s age, sex, occupation, family relationship, financial status, health conditions

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