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(영문) 수원지방법원 여주지원 2019.01.30 2018고단1103

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On November 20, 2018, at around 01:56, the Defendant: (a) received 112 a report that “the withdrawal of alcoholic beverages will go beyond mixed; (b)” in the “C” restaurant located in Isoncheon-si B; and (c) heard the words “Is the need to inform the house of her personal information” from the head E (34) belonging to the Gancheon Police Station D District D (34) of the Gancheon Police Station that called the “Is the house to go home and to inform her personal information”; and (d) continuously hump the face of the above E on his hand with the hand, and assaulted the said E’s humbbbbbbbbbbbbs. by cutting off the hum.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers related to 112 reporting processing, crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to investigation report (camp image);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for one month to five years;

2. The scope of the sentence recommended on the sentencing criteria [the scope of the recommendation] the basic area (six months to one year and six months) of the obstruction of the performance of official duties (the obstruction of the performance of official duties).

3. The defendant's decision to punish him/her has committed a crime and is against his/her wrongness.

Many defendants have been punished for violent crimes.

The defendant's age, character and conduct, environment, the background of the crime of this case, circumstances after the crime, etc. shall be considered together with the judgment of the court below.