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(영문) 수원지방법원 성남지원 2019.01.09 2018고단2488
공무집행방해
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 19:10 on August 20, 2018, in front of the cafeteria “E” restaurant located in Hanam-si, the 112 report was received, and the 112 report was sent to the site by the GF and the police officer belonging to the Gyeonggi Southern Police Station, and the Defendant A performed a bath theory, such as “I ambling children, soon cut,” and used F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’ and f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’.

As a result, the Defendants conspired with F, a police officer, and G, interfered with the legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement concerning F;

1. Each statement of H and G;

1. Application of investigation reports, investigation reports (the first reporter's rear screen images and cell phone images), investigation reports (the body campaigns images of police officers visiting the site); and the application of Acts and subordinate statutes;

1. Article 136 (1) and Article 30 of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (6 months to 1 year and 6 months) of the obstruction of performance of official duties (the scope of recommendations].

2. Determination of sentence [Judgment by Prosecutor] Defendant A: Imprisonment with prison labor for 6 months; imprisonment for 2 years; imprisonment with prison labor for 4 months; and obstruction of performance of official duties for 1 year, with prison labor for 4 months; imprisonment with prison labor for 5 months; and imprisonment with prison labor for 5 years, with prison labor for 5 years as serious crimes detrimental to the State’s function by nullifying legitimate exercise of public authority

Defendant

A has many records related to violence.

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