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(영문) 수원지방법원 성남지원 2019.09.04 2019고단1492

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 became final and conclusive.

Reasons

Punishment of the crime

On May 14, 2019, at around 08:07, the Defendant: (a) reported on May 14, 2019, 112 on the street B at Sungnam-si, Sungnam-si; (b) and (c) sought the submission of identification cards to the Defendant by the police officer D of the police box belonging to the Sungnam-gu, Sungnam Police Station C (a police box) and the police officer called for by the Defendant; (b) interfered with the said D’s hand and part of the arms; and (c) the said D’s hand and arms were frighted with the Defendant’s hand, as it may be, “this fladd with flad,” and “flad with flads,” and used the said E’s hand to fall off the floor.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Spatial photographs;

1. Application of Acts and subordinate statutes on criminal investigation reports;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts] - Reduction elements: Where the degree of violence, intimidation, and deceptive scheme is minor, an aggravated element: In cases where there are many public officials who have suffered damage, the basic area of the recommendation [the scope of the recommendation area and the recommended sentence], six months to one year and six months;

2. Determination of sentence: The sentence shall be imposed in consideration of the fact that the accused has been sentenced to a fine due to violent crimes, many victim public officials, etc.: Provided, That considering the fact that the accused is against his/her gender, the degree of assault is relatively serious, etc., for reasons favorable to the accused, the court shall take into account other circumstances shown in pleadings, such as the Defendant’s age, character and conduct, the environment, the motive, means and consequence of the instant crime, the circumstances after the crime, etc., and the scope of recommending sentencing criteria.