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(영문) 수원지방법원 성남지원 2017.11.15 2017고단2776
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 25, 2017, at around 21:35, the Defendant: (a) expressed that, while being drunk at around 201-dong 501, the Defendant was under the influence of alcohol, the Defendant expressed that, “Apson’s home place of residence is “to cut off and cut off,” the Defendant expressed that, “Apson’s chest’s chest is cut off,” and assaulted the Defendant at one time to walk the E’s arms and legs from the stairs where he continued to walk.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning investigation reports and photographic output;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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 [Public Prosecutor’s Opinion] 1 year of imprisonment / [Judgment] 6 months of imprisonment, and obstruction of performance of official duties for 2 years of suspended sentence is a serious crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment. Therefore, imprisonment is chosen.

However, considering the favorable circumstances, such as the defendant's confession, and the fact that there is no record of the crime exceeding the fine, etc., the punishment shall be determined within the scope of the recommended punishment according to the sentencing guidelines and the execution of the sentence shall be postponed by taking into account the following factors: (a) the defendant's age, sex, environment, motive, means and consequence of the crime; and (b) the various sentencing conditions specified in Article 51 of the Criminal Act as stated in the records and arguments

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