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(영문) 수원지방법원 성남지원 2020.01.22 2019고단2231

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

At around 21:42 on August 12, 2019, the Defendant reported 112 that “I will not cause the Defendant, who is a passenger, to a taxi” on the front of the branch of Seongbuk-gu, Sungnam-si, and reported 112, that “I will not take any account.” On the front of the branch of the branch of the police station C district of the branch police station, which was called out, and the face of the said D, who was solicited to return home after calculating the taxi fee from E, and who was solicited to return home after calculating the taxi fee from E, was tightly pushed back the above D’s face, and continued to walk the ice of the said E once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on investigation and internal investigation;

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties (category 1] and the absence of the obstruction of the performance of official duties (category 1] and the basic area of the recommendation [the scope of the recommended area and the recommendation range], and six months to one year and six months.

3. The crime of this case committed under the unfavorable circumstances to the decision of the sentence of sentence was committed by assaulting police officers who perform official duties, and the nature of the crime is bad, and it is not good to transfer the form of violence used by the defendant.

The favorable normal defendant recognizes his criminal liability.

There is no history of criminal punishment against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive, means and consequence of the crime, the character, conduct and environment of the defendant, the progress of the situation before and after the crime, and various circumstances that are the conditions of sentencing as shown in the arguments in