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(영문) 수원지방법원 평택지원 2016.09.28 2016고단1539
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

Defendant

On July 21, 2016, 23:00, on the third floor of "Curb" in Guro-si B, the third floor of "Curb", under the influence of alcohol, obstructed the business and obstructing the business, and upon receiving a report of the above her business owner, the police officer E belonging to the Gu-U.S. police station D branch of the D branch of the D branch of the D branch of the Gu-U.S. police station who was called to the site and was requested to stop the burg by getting the burg into the room, "this burg, burg, this burg, burg, she had now come to the burg, shed the face of the above police officer one time on the floor, walking the burg with the face of the above police officer, walking the 3 to 3-4 times, walking the burg, walking the burg to the right side of the police officer's view to arrest the burg."

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the dispatch of 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of witnesses;

1. Application of Acts and subordinate statutes on the place of work in the D District;

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. The scope of the recommendation that there are no special sentencing factors for the sentencing of Article 62(1) of the Criminal Act (determination on the application of the sentencing guidelines) among the group of crimes that interfere with the performance of official duties in the military, the scope of the recommendation that there is no special sentencing factors for the sentencing of Article 62(1) of the suspended sentence: The decision of the suspended sentence shall be rendered for six months of imprisonment, two years of suspended sentence, two years of imprisonment, and the motive and background leading to the crime, the circumstances leading to the crime, the records of the crime, the age of the accused, the sexual conduct, intelligence, environment, etc.

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