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(영문) 수원지방법원 2018.10.19 2018고단4599
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 00:30 on August 1, 2018, on the 105 front road of 105 apartment houses of 53, ad hoc-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, 15, the Defendant, “A person under the influence of alcohol in front of apartment houses,” has the high character.

“A police officer of the Suwon Police Station B police station, who was called upon 112 report, solicited the Defendant to return home, but failed to stop his singing and bath, and thus was subject to a disposition of violation of the Punishment of Minor Offenses Act (e.g., drinking disturbance). The police officer C continued to be informed of the violation of the Punishment of Minor Offenses Act (e.g., drinking disturbance). The police officer C was able to attract her home to return home, and the head was provided with the chest’s chest part. The above C assaulted the Defendant at one time by taking advantage of the defect that the police officer tried to arrest the Defendant as the current offender interfering with the performance

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reports by police officers and the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A second-time suspect examination protocol against the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to video data, such as the list of 112 reported cases, police officers' photographs, and CCTV;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Interference with the performance of official duties] The sentence as ordered shall be determined by taking into consideration the following circumstances: (a) the police officer, who solicits a police officer to suspend an act of disturbance and return home in the basic area ( June -1 month - June 6); (b) the degree of violence is not less than that of the breath under the influence of alcohol; (c) the degree of violence is not less than that of the breath; (d) the act of frequent state revocation is deemed to cause damage to neighboring residents; and (e) there is no history of

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