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(영문) 수원지방법원 안산지원 2018.01.17 2017고단3365
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 23, 2017, 2017, the Defendant was arrested as a current offender of the obstruction of business from F, etc., affiliated with the police station E District in the Si-Yan-gu Police Station, the Defendant, at C stores located in Si-si, Si-si, Si-si, B, in response to 112 reported that D, a Defendant’s work partner, was disturbed, and she was arrested from F, etc. as a result of the obstruction of business.

“A person, who was fluent by sound and was fluent, committed assaulting the head part of the F in a single manner.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to photographed materials on the scene of occurrence, E District Work, and each investigation report (CCTV analysis and CCTV analysis report);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) of the suspended sentence is [the scope of recommendation] where the extent of obstructing the performance of official duties is minor (one month to eight months) [the special mitigated person] assault, intimidation, deceptive scheme, or obstruction of official duties in the mitigated area (the decision of sentence] [the crime of this case is not likely to be a crime that obstructs a police officer by exercising violence while under the influence of the defendant under the influence of alcohol. However, the crime of this case is contrary to the fact that the defendant's mistake is seriously against the police officer, and there is no criminal record beyond the fine, the degree of violence or obstruction of official duties is relatively minor, and the defendant's age, sex, environment, motive or circumstance of the crime, circumstances after the crime, etc. are considered, and the punishment is determined as per the order.

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