beta
(영문) 수원지방법원 성남지원 2019.06.12 2019고단605

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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2019, at the defendant's house located in Gwangju City BBC on February 03:15, 2019, the defendant reported 112 that "to die, intending to die. intending to die. )" was to identify the site conditions, such as the defendant's spouse's condition, etc., the head of the police station D District of Gwangju Police Station, E, "this chrone is confirmed, soon as soon as possible, so you can do so," and he enroded the body, "this chrone within the birth range," "I am my my my my my my my my my my opthy, my my my my my my my my my my my my my my my my my my my my opthy," and "I am my hy my my hyth," and "I am my hyn's face," and assault E in order to use his kh's face by using his halk.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each report on investigation;

1. Application of field photographs, notification to the department related to the 112 Incident Report, closure photographs, video CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The crimes of this case committed under the unfavorable circumstances to the decision of sentence are those committed by a police officer who was dispatched to the military after receiving a 112 report from the defendant, and thereby conducts official duties.

In 205 and 2009, the Defendant again committed the instant crime even though he was punished by a fine for obstruction of performance of official duties.

A favorable normal defendant is his own.