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(영문) 수원지방법원 평택지원 2019.03.21 2018고단1665
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:50 on October 11, 2018, the Defendant recommended the Defendant to be detained and sent back to the police station affiliated with the above C police box at the Gyeonggi-gu Police Station, which was located in Gyeonggi-si B, and, upon the Defendant’s request of the police officer affiliated with the above C police box to return home, the Defendant sent the D’s name tag at one time as a drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The scope of recommendations based on sentencing guidelines for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is one to eight months (in minor cases, the degree of interference with the execution of public duties is insignificant). The Defendant’s mistake is divided, and the Defendant’s criminal records are taken into account in sentencing.

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