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(영문) 수원지방법원 성남지원 2020.04.24 2020고단704
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

On March 3, 2020, at around 01:08, the Defendant reported 112 in front of the “C” on the street in Gwangju City, “C,” and used the Defendant to have the Defendant calculate the food value, and then used the Defendant at a number of times, but did not comply with it, and used the Defendant’s bath to the police officers and their neighbors, and used the Defendant at a time during the time, the Defendant used the Defendant at the time, “I am fit, saw, saw,” and assaulted the Defendant at one time as sold the above title “I am fit, saw, saw,” and assaulted the Defendant at one time.

Accordingly, the defendant interfered with police officers' performance of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs photographs, such as the site;

1. Application of Acts and subordinate statutes to the investigation report;

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;

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months through one year and six months.

3. The content of the tangible force used by the Defendant for the determination of sentence, and the degree of obstruction of the performance of official duties of this case shall be considered as principal circumstances.

Furthermore, under favorable circumstances such as the confession of and reflect against a crime, the fact that the defendant has been punished as obstruction of performance of official duties and violent crimes, etc. shall be considered in consideration of the unfavorable circumstances.

In addition, in consideration of the age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account the various conditions of sentencing as shown in this case.

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