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(영문) 수원지방법원 성남지원 2019.05.08 2019고단23

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 22:58 on November 1, 2018, the Defendant: (a) reported 112 that he spits, spits, etc. on the floor of the said store under the influence of alcohol at C stores located in Seongbuk-gu, Sungnam-si; and (b) reported 112, E and F, a police officer of the branch police station D commander of the branch police station, who called the police officer assigned to the branch police station of the branch police station, are soliciting the Defendant to return home, and (c) he knew of this dog, so he was hick and grow up. The Defendant was able to take care of the Defendant’s cell phone at a large amount of 12:3 times, and interfered with the police officer’s legitimate performance of duties concerning the handling of reports by assaulting the F’s part on two occasions with his cell phone, and the F’s part on one occasion with continuous drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to a CCTV image closure photograph;

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 of the community service order;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (6 months to 1 year and 6 months) of the obstruction of performance of official duties (the scope of recommendations].

2. Determination of sentence [Judgment] 4 months of imprisonment with prison labor, and obstruction of performance of official duties for one year of suspended execution is a serious crime that undermines national functions by nullifying legitimate exercise of public authority, and thus requires strict punishment. Therefore, imprisonment is chosen.

However, it shall be considered in favor of the defendant as a favorable circumstance that the defendant has been led to confession, and that the defendant does not have violence during the last 20 years.

In addition, comprehensively taking account of the various sentencing conditions in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of the defendant, the punishment shall be set aside beyond the lower limit of the recommended punishment in the sentencing guidelines and the execution of the punishment shall be suspended.