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(영문) 수원지방법원 안산지원 2019.05.08 2019고단371
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

Around 23:00 on January 10, 2019, the Defendant received a report from “C” restaurant located in Heunging City B, and received a statement from the victim E, a guard belonging to the Sinung Police Station D (a police box in the Sinung Police Station) who called, “I will pay the drinking value and return home,” and “I would like to say, I would like to say, “I would like to see why I would like to see why I would like to do so. I would like to see why I would like to see why I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to see I would like to

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of two Acts and subordinate statutes to cryphographs of images;

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 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 sentence shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive and result of the crime, etc., in which the defendant has recognized his/her mistake, the defendant has no criminal records other than a fine in 2003, the degree of tangible force exercised by the defendant, and other various sentencing conditions such as the defendant's age

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