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(영문) 수원지방법원 성남지원 2018.09.05 2018고단1325
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On February 17, 2016, the Defendant was sentenced to eight months of imprisonment with labor for a violation of road traffic law (refluence of drinking), etc. at the Suwon Friwon, and completed the execution of the sentence at the Suwon Nriwon detention center on May 18, 2016.

[2] On May 25, 2018, at a D restaurant located in Sungnam-si, Sungnam-si, about 05:00, the Defendant stated that “the drunk customer fescing to another customer” was dissatisfied with a disposition of notification made by the Defendant on the grounds of the Defendant’s disturbance of drinking and old urology, and the Defendant stated that “Fscing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing to fescing

“Chinging with the words “,” and assaulting the F’s head and the breast part at one time by walking the F’s bridge twice due to the appearance, and by hand, the F’s head and the breast part.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by F, who is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation, a photograph of the victim's assault by the defendant, a photograph of the victim police officer;

1. A report on investigation (with respect to video images at the scene of photographing a police officer) and a photograph by capturing a video;

1. In the case of an investigation report (as to the statement of employees at D cafeterias), an investigation report

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (verification of the period of repeated crime of a suspect), personal confinement status, and application of the statutes of the judgment;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

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 Opinions] Imprisonment with labor for one year [Judgment] 8 months, obstruction of performance of public duties would impair the function of the State by nullifying legitimate exercise of public authority.

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