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(영문) 수원지방법원 성남지원 2019.01.30 2018고단2523

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four 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

At around 16:50 on October 9, 2018, the Defendant sent a call to the Steering System of Living Order at the Sectoral Police Station in order to resist the receipt of a summary judgment in an unfolded manner, but the person in charge of the summary judgment was in charge of the summary judgment, on the ground that he was on leave, and that he was in contact with the police station B, who is not the person in charge of the branchal police station, and was in charge of the summary judgment, the Defendant expressed his desire to “spacks, spacks, and sprinks with the government.”

The Defendant continued to find at the subcommittee police station located in 165 in Sungnam-si, Sungnam-si, with the influence of alcohol, and sprinked B at the parking lot “I am sphere, I am sphere, I am sphere,” and am on the floor, and the Defendant am under the influence of alcohol. In this context, the Defendant recommended B to visit home and then am under the influence of alcohol, and assaulted B, sphere, sphere, and sphere the breast with his arms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers with respect to civil petitions.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes by capturing a dynamic image;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Where the scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] is minor as the mitigation area (one month to eight months) (special mitigation), assault, intimidation, or obstruction of public service;

2. Determination of sentence [Public Prosecutor’s Opinion] 1 year of imprisonment / [Judgment] 4 months of imprisonment, and obstruction of performance of official duties for one year of suspension of execution is a serious crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment. Therefore, imprisonment is chosen

However, there is no criminal records that exceed the fine, and the degree of violence or intimidation is not serious.