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(영문) 수원지방법원 성남지원 2018.11.30 2018고단2313
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 18, 2018, the Defendant: (a) sought to board the Plaintiff’s building in front of Gwangju City B building; (b) however, on the ground that the victim was refusing to take passengers in the Plaintiff’s cab, the Defendant: (c) took a bath view, such as “Chewing feass and knicks”; and (d) destroyed the Plaintiff’s market price based on the victim’s market price following the head of the cab.

2. The Defendant obstructed the performance of official duties at the time and place specified in paragraph 1, and at the time and place specified in the foregoing damage, and requested a patrol vehicle to board the police station in order to arrest a flagrant offender from F of the police box of the Gwangju Police Station E box sent to the scene after receiving a report of 112 due to the above damage, such as “Chewing flasium, flasium, and flasium”, and continuously flapsed with the desire of “Chewing flasium,” and assaulted one time the right side of the said F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F or C by the police;

1. 112 A list of reported cases;

1. Investigation report (person G telephone conversations between him/her and his/her own scale);

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is an unfavorable circumstance that the defendant has a criminal record of violence.

However, there is no history of punishment exceeding the same criminal record and fine for the defendant, confession and reflect on each of the crimes in this case, the victim of the damage of property has expressed his intention of not to punish him, the degree of interference with the execution of official duties has not been much serious, and other circumstances under Article 51 of the Criminal Act.

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