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(영문) 수원지방법원 2019.01.10 2018고단864

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 17, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for an injury, etc. at the Suwon District Court on February 17, 2016, and completed the execution of the sentence in the previous prison on December 5, 2017.

【Criminal Facts】

Around 01:30 on December 27, 2017, the Defendant: (a) at Cariba or 3rd male Sabababa, located in the wife B, Gababa, which was reported by the Defendant, and reported to the Defendant, and the security guard E belonging to the Gababa police box of the Gyeonggi-do Police Station, who was called out of the Republic of Korea, was able to take away from the Defendant, and assaulted two times in his hand E with his her her son’s son’s son.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. for repeated crimes), and Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] In the case where the degree of violence, intimidation, deceptive scheme, or obstruction of official business is minor, the punishment is determined as per the order, taking into account the following circumstances and the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime committed, etc.

- The degree of recidivism during the period of repeated crimes - the degree of the past experience in the exercise of sentence 4 times as well as 4 penalties for the same crime