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(영문) 수원지방법원 평택지원 2015.03.27 2015고단186
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

At around 23:40 on January 5, 2015, the Defendant: (a) committed assault to the “C”; (b) in response to the request of the reporter, the head of the G District of the Ansan Police Station D District, dispatched upon receiving a report of assault, and voluntarily obstructed the police officer’s performance of official duties by assaulting the said E, such as “I am, spice, spice, and sprinking” repeatedly “I am, I am, I am spice, and continue to use his hand, thereby interfering with the police officer’s performance of duties.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes of the 112 Reporting List;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6 months to one year and four months) of the obstruction of performance of official duties [Determination of sentence] / The crime of obstruction of official duties needs to be strictly differentiated because it harms the authority of the public authority and impedes the establishment of legal order. However, the defendant recognized the facts charged in this case, there is no history of punishment for the same mistake, and there is little minor degree of punishment for the obstruction of official duties, and the degree of punishment for the same mistake is minor, the defendant committed a contingency by drunk, and other various circumstances shown in the records, such as the defendant's age, character and behavior, family environment, etc., shall be selected at once, and the sentence shall be determined as ordered by the disposition of a fine.

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