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(영문) 수원지방법원 안산지원 2017.08.11 2017고단1787
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 29, 2017, the Defendant was demanded to make a statement on the disturbance of Defendant’s happiness from the police officers and three other police officers, who belong to the police officers of the Gyeonggisan Police Station, who sent to the scene after receiving 112 reports on the 117th reason of the disturbance of the pedago.

During that, the F, who was the wife of the defendant, tried to go back to a nearby hospital after completing emergency measures through the 119 first aid staff member, who was sent to the site of the 119 first aid staff, after drinking alcohol, but the F did not bear the expenses of the hospital.

The defendant, while under the influence of alcohol, visits to the Republic of Korea that the police does not take the police's wife into the hospital.

C. Since the police of C. S., he does not refuse to do so.

As the police officers E refrain from sending the saccinal hospital, the saccination of the saccinary, and the saccination of the saccinal face of police officers E by hand, and assaulting the left face of police officers E once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. The application of Acts and subordinate statutes to photographs of damage, each investigation report (CCTV image verification, and telephone survey);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1), Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Order [the scope of recommended punishment] [the scope of punishment]] No person who does not have a person subject to special sentencing [the June-1 year-6 months] [the judgment of sentencing] under the basic area (the special sentencing person] [the crime of this case is poor due to the abuse of violence and obstructing the police officer's performance of official duties, and the defendant has been punished once by a fine due to interference with the execution of official duties. This court held on May 13, 2016.

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