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Reasons
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(영문) 수원지방법원 안양지원 2017.01.24 2016고단1955
공무집행방해
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A defendant shall be punished by imprisonment for one year.

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 November 5, 2016, at around 02:10 on November 5, 2016, the Defendant, while driving a drinking in B District, was exposed to police officers, and the case was processed.

At around 06:50 on the same day, the Defendant: (a) locating in Synyang-si C; (b) Haak-gu, Synyang-si; and (c) Haak-gu, Synish-gu, Synish-gu, Synish-gu, Synish-gu, Synish-gu, Synish-gu, Synish-gu, Synish-gu, Synish-do; and (b) Haak-gu, Synish-gu, Synish-gu, Synish-gu, Synish-do, Synish-do, Syn

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the nine pages of evidence records and CCTV on-site);

1. The criminal place;

1. Application of the Acts and subordinate statutes governing global CCTV photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense 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;

1. Scope of the recommended punishment according to the sentencing guidelines / [Scope of the recommended punishment / [Scope of the recommended punishment ] Obstruction of Performance of Official Duties in subject to the aggravated area (one year to four years) (special aggravation) / motive of crime that may be criticized;

2. The sentencing conditions, such as the age, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered in full consideration of the following circumstances: (a) the sentence is to be imposed; (b) the sentence is to be imposed as ordered.

Unfavorable circumstances: The crime of this case was committed with the purpose or original purpose of retaliation against the obstruction of legitimate execution of official duties, and circumstances that are favorable to the poor nature of the crime: The confession by the defendant.

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