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(영문) 수원지방법원 평택지원 2015.09.24 2015고단1120
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2015, at Pyeongtaek-si B, the Defendant returned home from D, etc. to a police officer to whom he belongs, who was dispatched after receiving a report from the Defendant to the effect that the Defendant frighting a drunk while under influence of alcohol.

When receiving a request, the police officer took a bath to the police officer, used the face of D once a week while booming him/her, used his/her chest, and continuously arrested a flagrant offender for the crime of obstruction of performance of official duties and brought him/her into the police box of Pyeongtaek-gu Police Station, and assaulted him/her to the police box of Pyeongtaek-gu Police Station, and obstructed the police officer's legitimate execution of duties concerning crime prevention and maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the respective Acts and subordinate statutes of E and F;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The basic area of obstruction of performance of official duties (6-1-4 months) / [decision of sentence] The crime of this case is bad in light of its circumstances, contents, etc., and other circumstances indicated in the records, such as the defendant's age, character and conduct, family environment, etc., shall be determined as per the disposition.

It is so decided as per Disposition for the above reasons.

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