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(영문) 수원지방법원 성남지원 2018.11.28 2018고단2060

공무집행방해

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2018, in front of the building B in Sungnam-si, the Defendant: “A taxi engineer assaulted” on the street in front of the building B in Sungnam-si, the Defendant reported 112 and recommended C to pay a taxi fee to the Defendant and return home to the Defendant, and the Defendant “Ss and scars are democratic police officers.”

A bitch bitch bitch.

The instant C used a disposable-use dog and mobile phone in possession of the bath . “C.” assaulted the said C by gathering the said C, etc. on the floor, tightly pushing the said C, and extinguishing the two arms of the said C.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation reports, the 112 Report Settlement Statement, and the application of damaged photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Where the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), the area of mitigation (a person with special mitigation) (a person with special mitigation) of public duties, or the degree of obstruction of violence or public duties;

2. Determination of sentence [Public Prosecutor’s Opinions] 6 months of imprisonment with prison labor / [Judgment] 4 months of imprisonment with prison labor, and obstruction of the execution of official duties 1 year of suspended execution is a serious crime that undermines the functions of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment.

However, considering the favorable circumstances, such as the defendant's confession, and the fact that there is no record of the crime exceeding the fine, etc., the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment within the scope of recommended punishment according to the sentencing guidelines under Article 51 of the Criminal Act.