beta
(영문) 수원지방법원 안양지원 2020.02.13 2019고단1410

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

[Criminal Power] On June 12, 2019, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for the purpose of obstruction of performance of official duties in Gyeyang Branch of the Suwon District Court, and the judgment was finalized on the 20th of the same month.

[Criminal Facts of Crimes (2019No.1410) around 01:45 on May 11, 2019, the Defendant: (a) reported 112 by a taxi engineer, who had a trial cost due to the problem of charge, and was dispatched to the site on May 11, 2019; (b) provided a bath to F, such as the payment of taxi fares from the Gyeonggi Police Station D Zone D, E, who was solicited by a police officer to return home; and (c) provided a f to F, who was recommended by the police officer to return home, with the payment of taxi fares and to return home; and (d) f, f, f, at the face of the said police officer on one occasion.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of G and H;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (applicable to judgment of ex post facto concurrence, etc.);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are concurrent crimes under the latter part of Article 37 of the Criminal Act. The sentencing criteria are not applicable to unfavorable circumstances. The Defendant committed a harmful act, such as spiting or spiting a bath against a police officer performing his/her duties without any particular reason, and spiting or spiting his/her chest.

In order to protect the legitimate functions of the nation and establish a sound social order, strict punishment is needed for the obstruction of performance of official duties.

The defendant had a record of being sentenced to the suspension of indictment due to a crime such as obstruction of business, and in particular, during the process of being tried as a crime of obstruction of performance of official duties, the defendant repeated the act

The instant trial did not appear in good faith.

Defendant.