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(영문) 수원지방법원 2019.01.15 2018고단5633
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

At around 03:00 on September 9, 2018, the Defendant: (a) received a report of 112 that “Negnging, talking, or threatening” on the ground floor of the building B in Yongsan-si, Suwon-si; and (b) solicited the Defendant to pay the drinking value and return home from the slope E belonging to the D District Unit of the Gyeonggi-gu Police Station D District of the Gyeonggi-gu Police Station; (c) “Wnging,” “Wnging,” “Wnging,” “Neging,” “Neging,” “Neging, if the police is the police”; and (d) assaulted the beer the Defendant’s body to E; and (e) assaulting and pushing the E body.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Application of statutes, such as site photographs;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Basic area (six months to one year and six months) of the application of the sentencing criteria for the obstruction of performance of official duties;

2. Circumstances favorable to the accused shall be as follows:

The defendant is divided into and reflected in the crime of this case.

The defendant seems to have been unable to commit the crime of this case by drinking and contingently.

The defendant has no previous convictions of imprisonment.

The defendant is in a position to support his/her family, including his/her poor mother's health.

The defendant is not healthy due to depression, etc. and is receiving treatment for alcohol addiction.

Circumstances unfavorable to the defendant are as follows:

Around 2016, the Defendant committed the instant crime, even though he had been sentenced to a fine of KRW 5 million for obstruction of performance of official duties, and was sentenced to a suspended sentence of one year for obstruction of business in June, 2017, and had been sentenced to criminal punishment several times for the same or similar crimes, and committed the instant crime again.

The Defendant, even before committing the instant crime, was receiving medical treatment for alcohol addiction, has caused his/her drinking habits.

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