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(영문) 수원지방법원 2018.10.15 2018고단4531
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2018, at around 08:07, the Defendant: “D” on the front of the work site in Suwon-gu, Suwon-si, Suwon-si, where “D,” the Defendant received a report from 112, and the guard F of the Suwon-gu, Police Station E District of the Suwon-gu, which called the Defendant, moved the Defendant to the lower seat of the patrol station, and demanded the car, thereby interfering with the police officer’s legitimate performance of duties regarding the duty of reporting and handling 112, considering the front of the work site in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to cover a damaged photograph, a copy of a black stuff image, a CD, and a photograph to cover a black stuff image;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area (from June to June) of the sentencing criteria shall not interfere with the execution of public duties;

2. Determination of sentence: (a) The facts that the crime of this case was committed by a police officer who has lawful execution of duties are not deemed to have been committed by violence; (b) the fact that there is a record of being punished by violence; (c) the defendant is committed against the confession of the crime of this case; and (d) the defendant appears to have caused contingent crimes under the influence of alcohol.

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