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(영문) 수원지방법원 2016.02.04 2015고단6010
공무집행방해
Text

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

Around 01:30 on November 10, 2015, the Defendant was under disturbance without calculating the drinking value on the grounds that the drinking value was excessively claimed after drinking alcohol in “C” located in C, and on the grounds that the drinking value was excessively claimed, and was under disturbance, the Defendant was under restraint from E, who was under the control of the police officer belonging to D, the G, the G, E, the Gyeonggi-do Police Station D, the head of the said drinking house, who received a report from the above 112.

In the case of the police, even if they were to be employed

“In doing a bath,” and assaulted by breathing the breath of the above E with hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers 112 and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommendations] The execution of imprisonment shall be suspended in light of the motive and background of the crime (the decision of sentence from June to April) in the basic area (the interference with the performance of official duties and the coercion of duties) (the decision of sentence from June to April). The protection, observation, and community service order shall be issued to prevent recidivism.

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