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(영문) 수원지방법원 평택지원 2015.01.07 2014고단1838
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

On November 29, 2014, around 15:35, the Defendant: (a) appeared in front of the “D cafeteria” in Pyeongtaek-si; (b) when the slopeF affiliated with the E District unit of Pyeongtaek-gu Police Station, which discovered a crime of violation of the Punishment of Minor Offenses Act due to the act of d cryptization, requested the Defendant to present an identification card to impose a penalty, the Defendant expressed a bath to “this crops and cchipia” and obstructed the police officer’s legitimate execution of duties in relation to the imposition of a penalty by assaulting the said F’s chest by force once by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that there exists a record of criminal punishment against the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, and there exists a record of criminal punishment for the crime of obstruction of performance of official duties, and that the crime of obstruction of performance of official duties is a crime detrimental to the function of the State by nullifying the legitimate exercise of public authority, and there is a need to strictly punish such crime, the quality of such crime cannot be deemed

However, in light of the fact that the defendant recognized the facts charged in this case and reflects his mistake, the degree of obstruction of performance of official duties is relatively minor, and other various circumstances shown in the records, such as the defendant's age, character and conduct, family environment, etc., the sentencing guidelines shall be sentenced to the sentencing guidelines [the scope of punishment of obstruction of official duties] under the category 2 of the "Obstruction of Performance of Official Duties Act" (in case the degree of violence is minor), the sentence shall be sentenced to one month to one month of imprisonment or eight months of imprisonment

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