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(영문) 수원지방법원 2018.04.26 2018고단456
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2017, at around 19:15, the Defendant discovered patrol cars belonging to the police box belonging to the police box of the Suwon-gu, Suwon-si, which was called out after receiving 112 reports on the roads of the 1st line in front of the Suwon-gu, Suwon-si, the Defendant obstructed the progress of the patrol car, such as cutting off the windows to the front of the said patrol car, making it possible for the Defendant to cut off without any reason under the influence of alcohol, and cutting off the windows to the front of the said patrol car, making it possible for the Defendant to take the knife and take the knife of the car.

Accordingly, the police officer's legitimate execution of duties on the handling of 112 reported cases, such as questioning the defendant why the slope belonging to the D police box set off at the patrol police box would be why he would be why he would leave the right shoulder of the above E in his hand, and keeping the F in his hand with the click hand, making the f of the above F's chest one stop, and obstructing the police officer's proper execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each investigation report (Interference with the performance of official duties, booms and video CDs for patrol vehicles);

1. On-site photographs and photographs of the suspected person;

1. Application of the Acts and subordinate statutes governing patrol booms and video CDs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the defendant for sentencing under Article 62(1) of the Act on the Suspension of Execution (the following conditions favorable to the defendant among the reasons for sentencing): In light of the method and content of the crime of using violence to police officers, the breath of patrol vehicles driving on the road without any reason by drinking alcohol and blocking them from driving on the road without any reason. Normal circumstances favorable to the defendant do not seem to be relatively more severe: the degree of assault; recognition of mistake and reflect on the degree of assault. There is no history of punishment in the Republic of Korea. Comprehensively, the sentencing conditions stipulated in Article 51 of the Criminal Act

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