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(영문) 수원지방법원 평택지원 2018.12.14 2018고단1591
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 10, 2018, the Defendant reported on September 20, 2018, Nos. 201 of Pyeongtaek-si B 201, and 112 that the Defendant exercised violence, and requested that a slope D belonging to the Gyeong-gu Police Station C police box called out require the Defendant to produce his/her identification card, and “nick young young people are not wird.”

A police officer's bomb, who took a bath, committed an assault to boom the flaps of the said D with his hand, thereby obstructing the police officer's legitimate execution of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each statement;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reasons for the sentencing of Article 62-2 of the Criminal Act [the scope of recommendations] [the reasons for the sentencing of Article 62-2 of the Act on the Protection and Observation of Community Service, the Order of Community Service, and the Order to Attend / [the scope of recommendations] There is no person who has a basic area [the person who has a special sentencing] [the decision of sentence] [the person who has a legitimate sentencing] used violence to a police officer who has a legitimate duty, and taking into account a number of violent crimes and the records of a single kind of crime, etc., although the liability for the crime is not easy, the fact that the crime is recognized and contradictory, the degree of assault is not excessive, the defendant's age, sex, environment, circumstances leading to the crime, circumstances leading to the crime, etc. shall be determined as per the order.

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