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(영문) 수원지방법원 평택지원 2017.06.14 2017고단240
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

On February 5, 2017, at around 01:35, the Defendant, while drunk within 105 Dong 403, Pyeongtaek-si apartment house 105, Dong 403, and the Defendant, upon receiving the said C’s 112 report, sent to the site and confirmed the progress of the dispute.

The Defendant attempted to use violence against C.

E으로부터 제지를 받게 되자, E의 얼굴 부위를 주먹으로 1회 때리고 다리 부위를 발로 1회 걷어찼다.

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of 112 reports, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

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 community service order (within the scope of recommended sentence guidelines);

1. Application of the sentencing criteria [Scope of the recommended punishment] and interference with the execution of public duties: The basic area (fence of the performance of public duties and coercion of the performance of duties).

2. Determination of sentence - Determination of sentence - Records of crime (no record of interference with the performance of official duties, nor record of punishment exceeding a fine), the degree of violence is not more severe. It is determined as ordered in light of all the circumstances of sentencing as shown in the records and arguments, such as the background of the crime in this case and the circumstances after the crime.

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