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(영문) 수원지방법원 평택지원 2017.07.19 2017고단799
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On March 10, 2017, around 00:35, the Defendant brought a dispute with the spouse C while under influence of alcohol in the dwelling of the Defendant No. 307 of Pyeongtaek-si apartment.

The Defendant reported 112 and sent to the police station D police station affiliated with such police station, upon the request of the above C, sent the son to the police station of Pyeongtaek-gu Police Station D, who was called to the police station, and carried the son as soon as possible, carried the son to the son E and carried the son to the son, and carried the son’s ice on the son’s drinking.

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of 112 reports, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. Application of the sentencing criteria [Scope of the recommended punishment] The area where the sentencing criteria are mitigated (Interference with the performance of public duties and coercion of duties).

2. Determination of sentence - Determination of sentence - The degree of assault is not serious, the degree of assault is not serious, there is no previous record of and criminal records exceeding the fine, the police officer wanting to leave the defendant's seat, and the sentencing conditions indicated in the records and theories of change, such as the background of the instant crime, etc., shall be determined as the order.

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