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(영문) 수원지방법원 2020.06.18 2019고단601
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 11:00 on November 27, 2018, the Defendant: (a) heard the report process by E (34) a police official belonging to the Kusan Police Station D District Unit, who was sent to the 112 report of her husband and wife under the influence of alcohol while under the influence of alcohol; (b) took a bath to move the Defendant to the patrol office to the patrol vehicle; and (c) took a cellular phone, “I am W W W k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k k.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement prepared by the F;

1. Application of Acts and subordinate statutes to field photographs, each investigation report (Evidence Nos. 10, 13)

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of recommendations according to the sentencing guidelines: The basic area of the crimes of obstruction of the performance of official duties shall be between six months and one year and six months (decision of type): There exists no category 1 (person who has been subject to obstruction of the performance of official duties and coercion of duties) (the area of recommendations).

3. A ruling of sentence: Six months of imprisonment with prison labor, and one year of suspended execution, a defendant who receives a report from 112 and interferes with the legitimate performance of duties by a police officer by exercising force, and such crime is not minor;

However, it is relatively minor that the defendant has exercised his/her tangible power, and that the defendant has no record of being punished or criminal punishment exceeding a fine for the same kind of crime, etc. shall be considered as a somewhat favorable condition for the defendant, and the age, character, conduct, environment, etc. of the defendant.

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