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(영문) 수원지방법원 성남지원 2020.02.05 2019고단2985
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 07:15 on November 9, 2019, the Defendant: (a) moved to the G convenience store located on the first floor of the former F building, where the Defendant was sent to the security guards after receiving a report of 112, and the Defendant was called to the police station C police box belonging to the branch police station of the branch police station called to the Defendant after receiving a report of 112; and (b) the Defendant solicited the Defendant to return home, and the Defendant was moved to the G convenience store located on the first floor of the former F building.

The Defendant, at the above temporary border and the above G convenience store, obstructed the entry of customers by blocking the entrance door of the entrance, and prevented the employees from doing the above-mentioned acts, and led the employees from doing so, he was tightly sealed twice by hand the chest of the above D, and urged the above E to take the hand.

Accordingly, the defendant interfered with the legitimate performance of official duties on the 112 Report by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

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

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

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

1. It is an unfavorable circumstance that there is a record of being punished for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act, and that it cannot be deemed that the nature of the crime is good, such as exercising the direct force to the police officer wearing the uniform.

However, the sentence like the order shall be determined by comprehensively taking into account the following factors: the misunderstanding is divided, the degree of violence or the degree of obstruction of performance of official duties is not serious; the power of the same kind of crime has long been force; the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc.

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