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(영문) 수원지방법원 안양지원 2019.09.18 2019고단1193
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence for four months of imprisonment for the purpose of obstruction of performance of official duties in the Gyeyang Branch of the Suwon District Court on August 14, 2018, and the judgment became final and conclusive on August 22, 2018 and is currently under suspended sentence.

【Criminal Facts】

On May 25, 2019, the Defendant received the report of 112 due to domestic violence in the building B, and the building E and the police officer of the king Police Station D District, who were affiliated with the Defendant, proposed that the Defendant would enter the Defendant’s residence, and expressed that the Defendant “We must see the Defendant’s house” to the above E, and that the Defendant sent the chest of the above E one stop at one time and one stop the chest of the above E, and assaulted the Defendant’s face at least four times due to the outbreak of the head, after the Defendant sold the above E’s buckbbbbbbbbbbbs, and continued to restrain it.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on on-site exit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. A report on investigation (Attachment of photographs of damage);

1. Investigation report (to attach on-site audio-recording files CDs);

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (report on the facts committed during the period of suspension of execution of this case)-related statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for the sentencing of the alternative sentence of imprisonment [the scope of recommendation according to the sentencing criteria] - the basic area of the obstruction of performance of official duties (f.g., the obstruction of performance of official duties/performance of official duties) (f., June-1 and June) (f.) (f., the decision of sentence]

It is a contingent crime.

However, there is a need for strict punishment to establish the state's legal order against the defendant who committed violence against police officers in the course of performing official duties.

In particular, the defendant has been punished for violent crimes or has been committed several times, and a suspended sentence of imprisonment is imposed for the same obstruction of performance of official duties.

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