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(영문) 수원지방법원 안양지원 2018.02.09 2017고단1664
공무집행방해등
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

The Defendant committed the following crimes under the influence of alcohol dependence, the military force, and the influence of alcohol alcohol, and under the lack of ability to discern things or make decisions:

1. The Defendant assaulted, on September 7, 2017, the victim C (nb, 78 years old) who is waiting to board a bus at the bus stops located in Anyang bus stops located in Anyang-ro, Mayang-gu, Mayang-ro, Mayang-ro, Mayang-ro, 232 on September 7, 2017, with a view to getting a bus to board, without any reason under the influence of alcohol, (h) of the same year in the same manner as the opening; (b) the victim’s breath by hand; (c) the victim’s breath by force; (d) the victim’s breath by having the victim move the Defendant to another place; and (e) the victim’s breath by having the victim move to the other place where the damage was caused.

2. The Defendant: (a) received 112 reports at the same date, time, and place as indicated in the foregoing paragraph (1); and (b) committed assault by the Defendant, who was a policeman affiliated with the D District District of the Police Station within Gyeyang-gu, Police Station D, within the territory of the Republic of Korea, to remove the Defendant’s hand, flabing the instant E’s bridge from walking at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the respective Acts and subordinate statutes of C, F and G;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation - Unfavorable circumstances: There are criminal records of the same kind of punishment, such as interference with the performance of official duties. - favorable circumstances: The defendant shows a wrong recognition of and reflects the defendant, and the defendant has no criminal records of imprisonment without prison labor or heavier punishment, in a state of mental and physical weakness due to symptoms of alcohol dependence.

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