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(영문) 수원지방법원 성남지원 2018.09.19 2018고단1488
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 25, 2018, the Defendant was under dispute at the “C” restaurant located in the Hanam-si B around February 23:35, 2018, for reasons of drinking and drinking, and for reasons of influence, the Defendant was required to verify the identity from the E during the circumstances in which the lower police station DNA was called upon receiving a report on 112 on the ground that the Defendant was satisfing with the upper end.

Defendant, who is dissatisfied with this, is dissatisfied with “Is this Chewing, I want to verify his identity in the same kind of mar, Is the police officer’s see on both stories;

Along with the end of one word, I am kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't k'

Accordingly, the suspect interfered with the legitimate execution of duties concerning the report processing and the arrest of a flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F, G and H;

1. Application of Acts and subordinate statutes on internal investigation reports, damage parts, and field photographs;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 136 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. Determination of sentence [Judgment by Prosecutor] 1 year of imprisonment with prison labor / [Judgment] 6 months of imprisonment with prison labor is a serious crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and an insulting assault was committed by a police officer, such as blicking of a police officer, etc., and the Defendant committed the instant crime during the period of suspension of execution and committed the same kind of force, etc.,

However, it is against the defendant's confession, and the age, sex, environment, and motive and means of crime of the defendant.

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