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(영문) 수원지방법원 성남지원 2019.06.18 2019고단717

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Some of the facts charged were corrected.

On March 28, 2019, at around 21:40 on March 28, 2019, the Defendant, upon receiving 112 reports from E, who was dissatisfied with the Defendant’s house located in Sungnam-si, and being asked about the details of the report and whether he/she assaulted by E, on the ground of his/her own hand, he/she assaulted the Defendant’s left side her at one time.

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

Summary of Evidence

1. Defendant's legal statement;

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

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 (The following extenuating circumstances among the reasons for sentencing);

1. The scope of applicable sentences under the law for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of recommended sentences according to the sentencing guidelines from January to five years [decision of type] The obstruction of performance of official duties [Article 1] The basic area of obstruction of performance of duties or coercion [the scope of recommended sentences] [the scope of recommendation and recommendation]], there is no person [the person who is a special person] [the grounds for suspension of execution] from June to one year [the general person] [the grounds for suspension of execution]]: the court before the suspension of execution at least twice: the decision of sentence of alcohol addiction: the defendant was sentenced to six months of imprisonment with prison labor and the two years of the suspension of execution, despite the past records of punishment for violent crimes, they committed assault by the police officer once again on the ground that the police officer who was dispatched after receiving a report that he was under the influence of alcohol did not demand money from his spouse.

It shall be considered as the main circumstances, but the defendant's attitude to recognize and reflect the defendant's mistake, the defendant has no record of punishment for the same kind of crime, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined in consideration of the overall circumstances such as the circumstances after the crime.