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(영문) 수원지방법원 성남지원 2014.10.17 2014고단2080
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On July 17, 2014, at around 21:53, the Defendant: (a) received a report from the head of Sungnam-gu, Seongbuk-gu, Sungnam-gu, to the effect that “the Defendant was subject to violence” before C; and (b) obstructed the Defendant’s legitimate performance of duties concerning the maintenance of public security of E by the police officer, by asking for the case by the security guards E, who were dispatched to the site, for whom the case was reported.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is insignificant in the area of mitigation (one to eight months) (special mitigation) of the area of obstruction of performance of official duties, the degree of punishment is minor (determination of sentence), four months of imprisonment, one year of suspended execution (the fact that it is a confession and reflect, one year of a suspended sentence (the fact that it is a criminal who commits a contingency after drinking, etc.);

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