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(영문) 수원지방법원 2019.10.10 2019고단4454
공무집행방해
Text

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

Around 00:00 on August 12, 2019, the Defendant: (a) requested the Defendant to park a vehicle by the police officer, who is a police officer belonging to the Yongsan-dong Police Station D police box, which was dispatched after having received 112 reports from the roads prior to the contact population B, and called “C” on August 12, 2019; (b) he expressed that “A shall franch bitch bitch bitch bitch bitch bitch bitch bitch bitch, sonn, sonn, and sonn sonn sonn sonn sonn sonn,” and the Defendant assaulted E, etc. after E.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E and F;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of photographs as at the time of assault by a suspect A) and photographs of the crimes attached thereto;

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

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 of the community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Based on the above sentencing criteria based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following circumstances, the defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, and the sentencing conditions indicated in the records:

It is necessary to strictly punish the crime of obstruction of the performance of official duties that interferes with the legitimate exercise of public authority, thereby undermining the function of the state.

The damaged police officers did not receive any tolerance from the police officers.

A favorable attitude is shown to recognize and reflect one's own crime.

A fine;

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