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(영문) 수원지방법원 성남지원 2016.10.21 2016고단2371
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 August 4, 2016, at around 01:10, the Defendant: (a) at the main point of “C” located in Seongbuk-gu, Sungnam-si, Seonam-si B; (b) at the 112 notification that the Defendant was on fighting, the Defendant took a fighting match from E (the age of 33) who is a police officer belonging to the D District Unit of the District Police Station called out after receiving a report that the Defendant was on fighting; (c) took a bath, and went the said police officer’s chest over the floor by force on his hand.

As a result, the defendant assaulted the police officer, thereby obstructing the police officer's legitimate execution of duties concerning criminal investigation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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 Recommendation] Basic Field 1 (Obstruction of Performance of Official Duties and Compelling of Duties) (6 to 1 year and 4 months) of the obstruction of performance of official duties

2.(Determination of Sentence] The sentencing conditions stated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances - The Defendant exercised violence against the police officer dispatched by his fault.

- The defendant has record of the same kind of crime.

The favorable circumstances - The degree of interference with the execution of official duties and the degree of interference with the performance of official duties, etc. shall not be excessive.

- It appears to have caused contingent crimes of this case.

- The defendant has no record of being sentenced to suspended execution for the last twenty years due to the same crime.

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