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(영문) 수원지방법원 성남지원 2016.10.12 2016고단1906
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 02:10 on June 11, 2016, the Defendant reported 112 in front of the “D” store located in Sungnam-si, Sungnam-si, that “one male customer is under the influence of alcohol,” and expressed his desire to “I am home to “I am son, I am son, I am son, I am son, I am son, I am son, I am son, I am son, I am son, and I am son am son’s head and chest.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Investigation report (as to the I’s statement):

1. Application of photographic photographs and video cd Acts and subordinate statutes after the closure of a film;

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

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 circumstances constituting the sentencing conditions in the records of this case, such as the defendant’s favorable circumstances (absurd, reflectivity, and contingent crimes), unfavorable circumstances (abstinence to police officers soliciting returning home for a short period of time, the degree of violence, the strict necessity of obstructing the performance of official duties), and the defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc., shall be determined in consideration of the text.

3. [whether or not to suspend the execution] A majority of the elements of the suspended execution are positive, such as that the suspended sentence is not serious, or that there is no criminal history beyond the suspended execution.

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