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(영문) 수원지방법원 안산지원 2017.07.26 2017고단1412
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 03:03 on March 20, 2017, the Defendant was under the influence of alcohol within the 'C' main point in Ansan-si, the Defendant expressed an identification card and demanded to pay the alcohol value by presenting it from the police officer, F, and G, a police officer belonging to the police station E box in the Gyeonggi-si, which was called after receiving the report of 112 from the above main place of business, and called "F, must do so. I must do so. I must do so." On the other hand, the Defendant tried to look back of the Defendant's buck in order to confirm whether the Defendant is in possession of the identification card, and assaulted F with her hand at the time of her c jum in order to check whether the F is in possession of the Defendant's identification card.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (verification of recording files of field situations);

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. The scope of recommendations based on the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of recommendations shall be determined as ordered within the scope of recommendations, comprehensively taking into account all the sentencing conditions indicated in the records, such as the defendant's age and character, means and consequence of the crime, and the fact that there are many criminal convictions against the defendant, but there are no criminal records beyond the same criminal records or fine, the defendant's age and character, the means and consequence of the crime, and the circumstances after the crime, etc., within the scope of recommendations.

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