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(영문) 수원지방법원 2014.12.18 2014고단6122

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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 20, 2014, the Defendant, at around 21:50 on May 20, 2018, sent to the police officer, who received a report and took the desire to take care of the Defendant before Suwon-si C, and received a notice of penalty in accordance with the notification under the Punishment of Minor Offenses Act, was sent to the police officer, who received the notice of penalty in accordance with the notification under the Punishment of Minor Offenses Act, and the Defendant obstructed the police officer’s legitimate performance of duties in relation to public safety and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] Where the scope of mitigation area (one to eight months) (special mitigation) of obstruction of performance of official duties (one to one month) (special mitigation) is minor, the scope of sentencing comparison between the applicable sentences and the recommended sentences: one month or eight months (decision of sentence], within the scope of recommended sentences set by the sentencing guidelines, the Defendant’s past criminal records and details of punishment, circumstances and processes leading to the instant crime, etc. shall be sentenced for six months, and the execution of the sentence shall be postponed for a certain period of time.