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(영문) 수원지방법원 안양지원 2017.05.19 2017고단103
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 December 24, 2016, the Defendant assaulted “C” in front of “C” located in Ansan-gu, and received 112 reports related to violence, and obstructed police officers’ legitimate performance of duties concerning handling reports by assaulting 112, on the ground that he/she does not go back to his/her horse by a slope E belonging to a police station D police box, and does not go back to his/her horse during the course of his/her dispatch.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. Application of Acts and subordinate statutes governing the site and suspect 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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Determination of sentencing under Article 62-2 of the Social Service Order Criminal Act (the scope of sentencing according to sentencing guidelines) - Basic sphere (fence of performance of official duties and coercion of duties) - No person who is subject to any special sentencing [decision of sentence] for six months of imprisonment, 2 years of suspended execution - Unfavorable circumstances: In light of the background and contents of the crime, circumstances after the crime, etc., the crime was poor; the crime of this case was committed in around 2012, even though there was a criminal offense of a fine due to the crime of interference with the performance of official duties; the crime of this case was committed in the same manner as the crime of this case was committed; the crime of this case was committed in another case, even though there was a criminal offense of a crime of injury:

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