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(영문) 수원지방법원 안양지원 2017.07.14 2017고단740
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 3, 2017, 02:00, the Defendant was asked to ask questions concerning the circumstances of the instant case from the security guards D belonging to the military police station in the military police station of Korea who was dispatched to the site after receiving a report of 112 regarding domestic violence in front of the Sinpo-si, Mapo-si on May 3, 2017.

”라고 욕설을 하며 위 경위 D의 정복 조끼에 붙어 있던 채 증용 액 셤 캠을 잡아 뜯고, 주먹으로 때릴 듯이 위협을 하면서 위 경위 D의 멱살을 잡아당겨 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations given in the sentencing guidelines] - The basic area (from June 1 to June 1) of types 1 (in the event of interference with the performance of official duties and coercion of duties) [decision of sentence] - The degree of assault is not easy. - The favorable circumstances are that the defendant is recognized as committing a crime, and there is no criminal conviction or heavier punishment than imprisonment without prison labor.

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