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(영문) 수원지방법원 안양지원 2019.11.29 2019고단2111
공무집행방해
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

At around 20:40 on October 3, 2019, the Defendant: (a) stated that D’s circumstance belonging to the Ansanan Police Station C District unit of the Ansan Police Station, sent to the Defendant after receiving a report of 112 that he would avoid disturbance under the influence of alcohol, and tried to verify the reporter E’s report; (b) stated that “I am flick in the night flick in a width knife; (c) I am flick, I am flick; (d) I am flick, I am flick, I am. I am flick. I am. I am flick, I am the chest of the above D, flick, and flick.”

As a result, the defendant interfered with legitimate execution of duties concerning police officers' 112 reports and criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the respective Acts and subordinate statutes of E and F;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of the performance of official duties (the obstruction of the performance of official duties/performance of official duties) and there is no person [the area of recommendation and the scope of recommendation] (the scope of recommendation and recommendation), the basic area of the punishment, six months of imprisonment or one year and six months.

3. In full view of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

The crime of this case is very poor in light of the content of the crime, because the defendant committed an assault against the victimized police officer who was dispatched after being reported 112 due to the act in the state of revocation by the defendant.

Obstruction of the performance of official duties, such as this case.

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