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(영문) 수원지방법원 평택지원 2017.07.19 2017고단507
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 March 10, 2017, at around 22:30, the Defendant took a taxi under the influence of alcohol in front of the Pyeongtaek-si Police Station located in Pyeongtaek-si, and took a bath without any justifiable reason, and B was going to go to the D Zone located in Pyeongtaek-si C in order to let the Defendant get off.

After getting out of the above taxi, Defendant E, who was demanded to return home from the policeman E belonging to the Pyeongtaek-gu Police Station D District Unit, was able to do so, and Defendant E expressed “I am hyp. D. h. h. h. h. h. h. h. to be a police officer,” and obstructed the police officer’s legitimate performance of duties concerning the protection of the people’s body and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 Forced Performance of Duties). The mitigation area (one month to August);

2. Determination of sentence - Determination of sentence - The degree of violence is not serious, the degree of violence is not serious, there is no previous record of interference with the performance of official duties and no record of crime exceeding the fine, and the circumstances of sentencing indicated in the records and arguments of change are considered as the order.

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