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(영문) 수원지방법원 성남지원 2019.10.01 2019고단1777
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

At around 01:10 on May 13, 2019, the Defendant: (a) committed an assault against the police officer regarding the handling of the report by the police officer on the 112 report, which was sent to the branch of the branch of the branch of the branch police station D, which was called upon the report of 112, around 01:10 on May 13, 2019, the Defendant obstructed the police officer’s legitimate execution of duties regarding the handling of the report, by assaulting the Defendant, such as frightening the fright of a bitch; (b) fright of a bitch; and (c) frighting the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A photo of the damaged part;

1. Application of the Act and subordinate statutes on investigation report (a video CD in the obstruction of performance of official duties and video closure photographs);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. The fact that the defendant was subject to punishment due to obstruction of performance of official duties, injury, property damage, insult, etc. is disadvantageous to the defendant.

However, considering the fact that the degree of obstruction of the performance of official duties of this case is not serious, there is no criminal record of punishment exceeding the fine of the defendant, the confession and reflect of the defendant, and the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, the punishment as ordered shall be determined by taking into account various sentencing conditions as indicated in the case, such as the circumstances after

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