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(영문) 수원지방법원 평택지원 2016.07.29 2016고단980
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 27, 2016, at the front of the C cafeteria located in Pyeongtaek-si B on May 27, 2016, the Defendant sent back to India after receiving 112 reports from the police officers E who belong to the Gyeonggi-gu Police Station D police box called out after he was under the influence of alcohol.

Accordingly, without any reason, the Defendant, while under the influence of alcohol, assaulted the police officer, such as “I am fleep, ambling, ringing, ringing, I am to the view that I am to the view that I am to the view that I am, am to the view that I am to the view that I am to the view that I am to the view that I am to the view that I

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. A written statement;

1. Application of each statute on photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Determination of types: Type 1 from among crimes that interfere with the performance of official duties;

1. Special sentencing factors: The degree of violence minor;

1. Scope of recommending punishment: Imprisonment for not more than eight months;

1. A suspended sentence: positive - No criminal record of minor violence or suspended sentence, or any other criminal record;

1. Determination on the application of the sentencing criteria (determination of sentence): The judgment shall be made as per the Disposition on the grounds of not less than four months of imprisonment, two years of suspension of execution, the circumstances as seen earlier and the motive and circumstances leading to the crime, the circumstances after the crime, the records of the crime (one time of a fine due to injury), the age, sex, intelligence, environment, etc. of the defendant;

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