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(영문) 수원지방법원 안산지원 2015.08.21 2015고단2211
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2015, the Defendant: (a) 00:40, Jun. 26, 2015, entered the D convenience store in Ansan-si, the Defendant, while drinking alcohol to the convenience store; and (b) ran the taxi drivers waiting for passengers, sent a 112 report to the sloping F of the Ansan-si Police Station, which was called out after receiving 112 report, and assaulted the above F’s sexual flag top part on three occasions.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. In light of the reasons for sentencing under Article 62(1) of the Criminal Act, the nature of the crime is not good, but the defendant agreed with the victim after the prosecution of this case. The above victim does not want the defendant's punishment, the defendant does not have any past record of the same crime, and other circumstances such as the defendant's age, occupation, family relationship, and the details of the application submitted by the branch of the defendant's family members, etc. shall be determined within the scope of the following sentencing criteria.

[Standard of imprisonment] - The range of obstruction of performance of official duties (in the case of obstruction of performance of official duties/performance of duties) - The area of mitigation (one month to eight months) - The area of rejection of prosecution for special mitigation (one type, one serious injury has occurred)

1. Around 00:40 on June 26, 2015, the Defendant: (a) deemed three taxi drivers on the front of the D convenience shop located in Ansan-si, a member of Ansan-si, on the road; (b) on the foregoing ground, the Defendant publicly insulting the victim F, a slope affiliated with the E box, by stating that “the same bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bit

2. Determination and conclusion

(a) An offense subject to prosecution upon complaint: Article 312 (1) of the Criminal Act;

B. The victim's complaint was filed after the prosecution of the instant case.

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