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(영문) 수원지방법원 성남지원 2017.05.17 2017고단451
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2017, at around 23:10, the Defendant committed an assault to the police officer’s legitimate execution of duties concerning the maintenance of order by committing an assault, such as assaulting the police officer’s 112 prior to the Defendant’s dwelling 207 Dong 202, Sungnam-gu apartment house B, Sungnam-si, with the notification of the principal in front of the Defendant’s dwelling 202, D and E, a police box affiliated with the police box of the branch police station C, and E, having the Defendant return home to the Defendant, making the Defendant go home, she gets her hand back, she her her slefly, and her her part inside the right side of the police officer’s hand, and continuing to her her slefly her part of the light her part with his/her left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes of each damaged photograph;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the aggravated area (one year to four years) (a person who interferes with the performance of public duties and coercion of duties) (one year to four years) (a person who has been specially increased] of the increased area (a person who has suffered a large number of public officials).

2. Determination of sentence [Judgment by Prosecutor] 1 year of imprisonment with prison labor / [Judgment] 1 year of suspension of execution / 2 year of suspension of execution is a serious crime that undermines the function of the State by nullifying legitimate exercise of public authority and thus requires strict punishment, and the defendant selects imprisonment with prison labor on several occasions with the power of demonstrating public authority, such as interference with the performance of public duties, aiding and abetting the offender, damage to public goods,

However, considering the favorable circumstances in which confession and reflect are favorable, the punishment shall be determined within the scope of the recommended sentencing guidelines and the execution of the sentence shall be suspended, taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the various sentencing conditions in Article 51 of the Criminal Act as shown in the record and arguments of the case.

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