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(영문) 수원지방법원 안산지원 2017.08.11 2017고단1677
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 June 4, 2017, the Defendant: (a) filed a report in front of the 45-ro gu, Ansan-gu, Ansan-si, Masan Stak Stak Stak Stak Stak Stak Stak Stakak Stak Stak Stak, “ female passengers will not drink,” and received a request from the victim of the police box affiliated with the police box of the Gyeonggi Ansan F Police Station F Stak-gu, Mak-gu, Ginsan Pak-gu, the Defendant: (b) stated that “I will have to go home; (c) I would like to say that I would face the victim’s right of the victim, who was able to go home, while taking a bath as “Irak” while doing so.

On the road where the Defendant continued to stand up with the police officer, the Defendant was laid down on his own vehicular road as he was in contact with the police officer, and the victim was blicked, and the victim was flicked, and the victim was flicked.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts related to obstructing the performance of public duties;

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 for the observation of protection and observation [the scope of recommended punishment] The basic area (from June to one year and six months) of category 1 (Interference with the performance of official duties and coercion) [decision of sentence] of the defendant has been punished several times as violent crimes. In light of the background of the crime in this case, the contents of the assault, the circumstances after the crime, etc., the defendant's liability for the crime is not weak.

However, the sentencing conditions shown in the trial process, such as the defendant's age, sexual conduct, environment, power, family relationship, etc., shall be determined as ordered by considering the fact that the defendant has no record of being sentenced to a fine or more severe punishment, the fact that it was somewhat drunk at the time of the instant case, and the sentencing conditions shown in the trial process.

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