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(영문) 수원지방법원 안양지원 2015.08.21 2015고단814
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2015, at around 20:51 on May 21, 2015, the Defendant: (a) committed an assault on the part of the Defendant, on the ground that the circumstances leading up to the D Boxes sent to the site by the Defendant after receiving a report of 112 that the Defendant would escape from disturbance within 51 city buses (C) under the influence of alcohol; and (b) stated that the Defendant would have the Defendant go back from the bus to return home, on the ground that the circumstances leading up to the D Boxes sent to the site by having the Defendant go back from the bus and wanted to go home.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] is that there is no basic area (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months), and there is no special person [decision of sentence] (decision of sentence] relatively old, but there is a criminal record of a fine related to violence, and that it seems that there is a disturbance and interference with business even with the terrestrial belt, etc. are disadvantageous circumstances.

On the other hand, the fact that the damaged police officers want to take the defendant's wife, the fact that there is no criminal record of the same kind, and the fact that the health of the defendant seems not good is favorable.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.

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