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(영문) 수원지방법원 평택지원 2018.07.06 2018고단765
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 5, 2018, the Defendant: (a) around 17:07, in the restaurant of “D” located in Pyeongtaek-si C, a customer spaws and kicks.

'The reason that the police officer F, who was called up after receiving 112 reports to the purport that he was called up, demanded the Defendant to return home, who was called up to F, and that F was called up to F.

There is no crime.

“Along with the bath,” the above F et al., the chest et al., the chests et al., the chests et al., each at once, and later at once, the shoulder and the shoulder of G in his hands, who are belonging to the same police officer.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of police officers to the 112 reported site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the respective laws and regulations of H, I, J and G

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) (the favorable circumstances below) of the Act on the Suspension of Execution [Scope of Recommendation] The basic area (from June to January 1) of Article 62 (1) of the Criminal Act (the "Act on the Suspension of Execution of Official Duties" / There is no special person in charge of sentencing] [decision on the sentence] unfavorable circumstances: there is a record of being punished several times of fines due to the same kind of crime and violence-related crimes; there is a record of favorable circumstances such as confession, reflectness, and fines; there is no record of crime exceeding fines; there is no record of crime committed against the victimized police officers; there is no record of crime committed against the victimized police officers; there is no record of crime committed by the victimized police officers; the sentence is imposed on the defendant's age, family relation, and circumstance of crime: 8 months of imprisonment with prison labor and two or more years of suspended execution.

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