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(영문) 수원지방법원 평택지원 2017.03.22 2016고단2848
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 10, 2016, the Defendant received 112 reports that he was assaulted on the front side of Pyeongtaek-si B on December 10, 2016, and was asked by police officers D to ask questions about the circumstances of the case, and under the influence of alcohol, the Defendant was under the influence of alcohol on the said police officers.

"In doing so, the balths of the police officer were sponsed several times, and the police officer's gun was sprinked, and the police officer's gun was sprinked, and the police officer's behavior was taken.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. Application of the sentencing criteria - Scope of the recommended sentence: Class 1 (Obstruction of Performance of Official Duties and Compelling of Duties) that interferes with the performance of official duties;

2. It is ordered as ordered in consideration of the following: (a) the Defendant has no criminal history; (b) the degree of assault is minor; (c) the background of the instant crime; and (d) the Defendant’s attitude of reflectivity; and (e) the overall sentencing conditions indicated in the changed theories, except for a disposition of suspending indictment once.

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