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(영문) 수원지방법원 성남지원 2019.05.14 2019고단572
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 28, 2019, at around 00:49, the Defendant received a report on the Violence Case 112 and tried to confirm the case, and obstructed a police officer’s legitimate performance of duty on the reported duty of reporting 112 as follows: “I see, I see, I see, I see, I see, I see, I see, I am on the floor of the hand, and I see, I see, I see, I see

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to written 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;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months through one year and six months.

3. Determination of sentence, including the previous conviction subject to a fine due to obstruction of performance of official duties, that the defendant has several criminal records of violence, recognized and reflects the crime, that the degree of tangible force exercised by the defendant is not much serious, and that other conditions of sentencing such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined as ordered in full view of all the following conditions of sentencing.

Public Prosecution Rejection Parts

1. At around 00:32 on February 28, 2019, the Defendant, who was under the influence of alcohol on a taxi (F) operated by the victim D (F) who was in the atmosphere of traffic on the first line road in front of the Geum-dong Office of Seongdong-gu, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City (hereinafter referred to as the “Crime D”) and assaulted the victim’s face one time, without any justifiable reason.

2. This part of the facts charged is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

According to the records, victims D.

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