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(영문) 수원지방법원 평택지원 2017.09.07 2016고단1980
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 September 18, 2016, the Defendant: (a) was on the front of the Osung 28, which was located at the 11-lane Doo-ro 28, in the course of getting on and off the B’s car at around 21:30 on September 18, 2016, and (b) was demanded to offer a driver’s license by drinking from the police officer affiliated with Pyeongtaek-si Police Station D to regulate him by drinking and present his driver’s license, the Defendant landed from the said vehicle without sea, and pushed the chest part of the said E’s chest.

As a result, the defendant assaulted a police officer who was performing legitimate duties concerning the crackdown on drinking driving, thereby hindering the performance of official duties.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

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. Where the standard for sentencing [the scope of recommended punishment] is minor in the scope of mitigation (one month to eight months) (a person subject to special mitigation] of the area of assault, intimidation, and deceptive means, which is minor;

2. Determination of sentencing below the sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- The nature of the crime of this case does not correspond to that of the crime, except that the degree of damage caused by the crime of this case is not much serious. - The defendant has no record of criminal punishment exceeding a fine.

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