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(영문) 수원지방법원 안산지원 2016.02.04 2015고단2750
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 September 12:50, 2015, the Defendant: (a) reported that there was a traffic accident on the front of the road located in the Da, 112-gu, YYYYY, the Defendant: (b) sent to the police officer E belonging to the police station of the Ansan-gu Police Station after having received the 112 report; (c) asked F, the driver of the vehicle involved in the accident, about his personal information, the circumstances of the accident, etc.; and (d) led to sound, “I would soon handle”; and (c) the above E was “I would be able to wait for now

In the phrase, “Yeman flag, flag, and as soon as possible.” In doing so, assaulted, such as taking a behavior that seems to be flag by flabing the e’s flab and flabing the e’s flab, and taking the flab by drinking.

Accordingly, the defendant interfered with legitimate execution of duties by police officers concerning traffic accident handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police about E (net 5);

1. Application of relevant Acts and subordinate statutes to internal reports and photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommendations] The basic area of sentencing under Article 62-2 of the Act on the Protection and observation and the Order of Community Service [the scope of punishment] [the decision of sentence] [the six months to one year and four months]] (the decision of sentence] that is unfavorable: the case in this case is not easy; there are two times violent criminal records (one time of suspended execution and one time of fine); there are more favorable circumstances such as the crime during the period of suspended execution due to violent crimes; the defendant reflects wrong; the violence used by the victimized police officer was not serious; the defendant's home condition of sentencing under Article 51 of the Criminal Code was considered.

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