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(영문) 수원지방법원 성남지원 2016.07.15 2016고단1345
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment 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 1, 2016, the Defendant rejected the demand for the inspection of the life body of the 119 first-aid crew members called out after receiving a report from the 119 first-aid crew member, who was under the influence of alcohol on the front of the exit 2, 606-ro 406-ro, Sungnam-gu, Sungnam-si, Sungnam-si.

Accordingly, the defect that the police officer C, who belongs to the police station B of the branch police station called upon receiving a report, attempted to cause the defendant's body to cause the defendant to put up the defendant's body, the defendant, who was in spite, spite C's face on several occasions, and spite C's face after walking the above part of the bridge on the bridge. Accordingly, the defendant interfered with the legitimate execution of duties concerning the police officer's report handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. Application of the photographic Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. [Scope of Recommendation] The basic area (from June to January to April) (no person subject to special sentencing) of Class 1 (Interference with and Forced Performance of Official Duties) shall interfere with the performance of official duties;

2. [Determination of Sentence] Taking into account the following circumstances, the sentencing conditions stated in the records of this case, such as the age, sex, family relation, family relation, home environment, motive and means of the crime, and circumstances after the crime, shall be somewhat off the sentencing criteria, and shall determine the sentence such as the order.

The defendant tried to protect the defendant, who is diving on the road, to take a bath to the police officer and assault the police officer.

Such interference with the performance of official duties needs to be strict as a violation of legal order and public authority, and if the act continues to be committed, it will be damaged by a good citizen.

The police officer who caused the defendant's appearance of the police officer in his body brought about the movement (the police officer shall be a photograph of the police officer: Provided, That the police officer shall be a photograph.

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