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(영문) 수원지방법원 평택지원 2015.11.12 2015고단1387
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 31, 2015, at around 03:30 on the front side of Pyeongtaek-si, the Defendant took protective measures from D(48 years old) (i.e., the head of Pyeongtaek-gu Police Station) where he was dispatched after receiving 112 a report, and subsequently, the Defendant took a serious bath to the above police officer, “I would like to keep the shoulder of the police officer as his hand, (ii) see why I would like to see why I would like to go, and (iii) want to go against the police officer on his hand, and (iv) failed to go off the shoulder, and (iv) interfere with the police officer’s legitimate handling of the police officer’s duty by harming the police officer’s duty to take protective measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

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

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend the lecture [Scope of Recommendation] The basic area (decision of sentence) of the obstruction of performance of official duties [Article 62-2] [Article 62-2 of the Criminal Act] [Article 62-2] / The defendant has many criminal records, including violent crimes]. The criminal records of the same kind of crime are disadvantageous circumstances, and the defendant's alternative mistake is considered as favorable circumstances, and the defendant's age, character and behavior, family environment, etc. are considered as favorable circumstances, and the punishment as ordered shall be

It is so decided as per Disposition for the above reasons.

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