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(영문) 수원지방법원 안양지원 2016.07.19 2016고단554
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 22, 2016, the Defendant entered the “C” located in the Manan-gu Manan-gu, Annyang-si, Annyang-si, B, sent a disturbance, followed the disturbance to enter the “D main shop” located in the Manan-si, and changed the disturbance, and avoided the disturbance. Accordingly, the police officers, such as the policeman F, etc., belonging to the E Manan-gu, called to the site on the report of 112 report of the above restaurant business owner.

At that place, Fman F issued a penalty payment notice to the Defendant for an act of disturbance under drinking, and the Defendant “I am h, , , , , and N h h h h h h h h h h h h h h h h h,

“Abruting a bath, etc., the chest of Fman was pushed down on several occasions with his hand.

Then, the police officer F recommended the Defendant to return home, and the Defendant her back the back of F with a bad hand when he saw the Defendant to have the back of F once.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on 112 handling reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and F;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures [the scope of recommendations in the sentencing guidelines] - Fundamental area of Category 1 (Interference with and Forced Performance of Duties in June) (No person in charge of performance of official duties) (no person in charge of special sentencing is sentenced] - No person in charge of special sentencing (no person in charge of sentence decision in favor of him/her): - The fact that the defendant recognized his/her mistake and reflects his/her mistake - Unfavorable circumstances: the defendant has experience of being punished for each fine due to the damage of property, injury, property damage, disturbance, disturbance of duties in 2006, two times in 208, obstruction of duties in 208, and obstruction of duties in 209.

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