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(영문) 수원지방법원 성남지원 2019.08.14 2019고단1118
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

On May 9, 2019, at around 02:25, the Defendant requested that the said D be exempted from the vinyl of the Tobacco Station C District of the Gyeonggi Mine Police Station, which was called upon by a representative engineer on the front side of Gwangju City upon receiving a report of 112 on May 9, 2019, and requested the said D to make a statement on the circumstances of the instant case. However, as the Defendant was rejected, the said D’s face was taken once by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of the 112 Reporting Case Handling table, and the Acts and subordinate statutes governing the use of violence photographs by victimized police officers;

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] the obstruction of the performance of official duties (category 1] and the absence of the obstruction of the performance of official duties (category 1] and the basic area of the recommendation [the scope of the recommended area and the recommendation range], and six months to one year and six months.

3. The crime of this case committed while under unfavorable circumstances in the decision of sentence is committed by assaulting a police officer who performs official duties, and the nature of the crime is not good, and the attitude of violence that the defendant has used is not sufficient.

In favor of the favorable normal defendant, the defendant recognized his criminal liability, and shows the form of reflection.

There is no record of punishment or a suspended sentence or heavier punishment for the same crime.

In addition, in full view of various circumstances, including the motive, means and consequence of the crime, the character, conduct and environment of the defendant, and the progress of the situation before and after the crime, etc., the punishment as ordered.

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