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(영문) 수원지방법원 안양지원 2016.04.28 2016고단167
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2016, the Defendant, at the 2nd floor of, and at the entrance of, the police station within the limit of 63 meters in the Manan-gu, Mayang-gu, Mayang-gu, Mayang-gu, Mayang-si, Mayang-si, on the ground that he/she was investigated by the said police station.

Accordingly, the Defendant was prevented on the ground that access is restricted by the police officer other than the person related to the C of this case, who is a police officer belonging to the B of the District.

The bath theory called "welve" was used, C was sealed, batd, batd, batd and batd, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order C, a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

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. The scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the recommended punishment] The Act on Interference with the Performance of Official Duties in the Case of Class 1 of the Act on Interference with the Performance of Official Duties (Obstruction of Performance of Duties and Forced Performance of Duties)], the basic area (from June to January 4) (

2. The sentencing conditions, such as the age, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered in full consideration of the following circumstances: (a) the sentence is to be imposed; (b) the sentence is to be imposed as ordered.

The disadvantageous circumstances: The defendant did not know about the fact that he committed the crime of this case without being aware of the fact that he had been punished by a fine for three times due to violence: The fact that the defendant led to the crime of this case; the defendant did not have any record of punishment heavier than the fine; the defendant's wife and the person who was the defendant wanted to leave the defendant's wife.

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