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(영문) 수원지방법원 성남지원 2019.07.23 2019고단1141
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On April 20, 2019, the Defendant: (a) around 23:50 on April 20, 2019, the Defendant: (b) committed assault against the victim at a time on the street in front of the bus stops in the mother bus stops in the 1129-gu, Chungcheongnam-gu, Sungnam-gu; (c) Csi stops in the 1129-gu, Sungnam-gu; (d) “Is the emulated vehicle stop in the marinam; and (e) I am the victim’s neck and face at least five times.”

2. The Defendant expressed that, upon receiving a report of assault at the time and place specified in the preceding paragraph, the police officer, a police officer affiliated with the D District, expressed that “the bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch”, used the face of E at a time and several times as drinking, and obstructed the police officer’s legitimate performance of duties concerning the performance of a police officer’s duty to report quibs to the head of the F.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to B, F, and E;

1. Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment for the crimes of obstruction of official duties against E, of which the punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of Punishment) : Obstruction of Performance of Official Duties (Type 1) / Forced Performance of Official Duties (Scope of Recommendation and Recommendation) Basic Field, 6 months to 1 year and 6 months

B. Second Crimes (Determination of Punishment) and Violence Crimes [Type 1] and General Violence [The scope of Recommendation and Recommendation], the basic area of the assault (the scope of Recommendation and Recommendation], February through October.

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