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(영문) 수원지방법원 안산지원 2015.09.15 2014고단2369
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 became final and conclusive.

Reasons

Punishment of the crime

At around 14:00 on September 4, 2014, the Defendant was under influence of alcohol in front of the House C in Ansan-si, and was dispatched to the site after receiving a report, and obstructed the Defendant’s legitimate execution of duties concerning the police officer’s reporting duties by taking two times on the part of the victim’s breast, the Ansan-gu Police Station D police box affiliated with the slope E, the victim, who was sent to the site. The Defendant sent back the home from the slope E to the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (No. 17);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The basic area of obstruction of performance of official duties (f.g., June-1 and April): The case of the instant crime is not easy, and favorable circumstances such as the fact that the instant crime was committed six times, which reflects the Defendant’s mistake, that the assault used by the Defendant was not serious, and that there was no previous offense exceeding fine, and that there was no previous offense, etc., all other factors for sentencing as prescribed in Article 51 of the Criminal Code shall be considered.

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