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(영문) 수원지방법원성남지원 2020.11.17 2020고단2779

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

[Criminal Power] The Defendant was sentenced to a fine of KRW 4 million for the obstruction of performance of official duties at the Sungnam Branch of Suwon District Court on August 10, 2015.

【Criminal Facts】

Around 20:10 on June 20, 2020, the Defendant, at the front of the Sungnam-si 20:20, sent by the Defendant pursuant to 112 report that “A male part of drinking on the Hannam-si 20,” and the Defendant obstructed the Defendant’s legitimate execution of duties regarding crime prevention, etc. by assaulting the police officer, who was a police officer belonging to the Sungnamnam Police Station C commander of the Sungnam Police Station, who was called by the Defendant pursuant to 112 report that “A male part of drinking on the Hannam-si 200, 29 years old, 25 years old, 25 years old, 15 years old, 200.”

Summary of Evidence

1. Application of Acts and subordinate statutes, such as the written statement of the defendant concerning D's legal statement, the damaged photographic document E, the closure photograph of video images (investigative record 42 pages);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of applicable sentences under the law for sentencing under Article 62-2 of the Social Service Order Criminal Act: The scope of applicable sentences under the sentencing guidelines for one to five years of imprisonment [decision of type] shall be the crime of obstruction of performance of official duties [Type 1] There is no person who has been forced to perform his/her duties [the scope of recommended sentences] [the scope of recommendation and recommendation]] basic area, six months to one year [the person who has no general person] [the grounds for suspension of execution] general pride [the grounds for suspension of execution] decision of sentence that has no criminal conviction or heavier punishment: 8 months of imprisonment: the defendant was sentenced to a fine for obstruction of performance of official duties for a period of eight months of suspension of execution and two years of suspended execution, as stated in its reasoning, even if he/she was drunk and was dispatched to the police after being reported to him/her by 112.