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(영문) 수원지방법원 안양지원 2018.06.26 2018고단430
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 March 2, 2018, at the front parking lot of the C cafeteria located in Sinpo City B around 21:10 on March 2, 2018, the Defendant has a man who can drink alcohol while drunk.

“Around 112, the police officer of the Gyeonggi Military Police Station, who received a report of the contents of 112 and received a recommendation for returning home from the police officer affiliated with the Gyeonggi Military Police Station, and rejected to take a large voice, and the police officer, who was called “Abrepted the Defendant’s left side so that the police officer: (a) taken away the Defendant’s scambling and scam; and (b) took one time the left side of E’s face by drinking it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

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 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to six months from one year and six months [the scope of the recommended punishment], and the basic area (up to one month from June to six months) (up to six months) of the basic area (up to one year and six months) of the suspension of the performance of official duties;

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution - favorable circumstances: Contrary to each other; An unfavorable circumstance; A person has been punished by a fine twice for the same kind of crime;

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