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(영문) 수원지방법원 안양지원 2019.02.13 2018고단1992
공무집행방해
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

On August 5, 2018, at around 02:58, the Defendant expressed that “the owner is written” before the 19th Dopo-si Gunpo-si 534 Dopo-si 534 Gunpo-si Gunpo-si 19 Gunpo-si Gunpo-si Gunpo-si Gunpo-si Gunpo-si Gunpo-si Gunpo-si Gunpo-si Gunpo-si Gunpo-si Gunpo-si Gunpo-si Gunpo-si Gapo-si, called “the Dopo-si Dopo-si Gunpo-si Gunpo-si Do

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention patrol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes concerning investigation reports (related to black stuffs and images);

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] of the obstruction of the performance of official duties [the scope of the recommended sentence] basic area (the scope of the recommended sentence] of the first category of the obstruction of the performance of official duties (the obstruction of the performance of official duties/the coercion of the official duties]

2. In order to protect the legitimate performance of official duties of the country where the sentence was rendered, and to establish a sound social order, the crime of obstruction of performance of official duties is an unfavorable circumstance, such as there is a social need to punish the crime strictly, and there is no justification for the sole reason that the act is an act during the principal entry, and a direct exercise of physical force

However, considering favorable circumstances, such as the fact that the defendant acknowledges the crime and seriously reflects his mistake, the fact that there is no record of punishment exceeding the same kind or fine, etc., the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., and other circumstances which form the conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., shall be determined as ordered.

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