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(영문) 수원지방법원 성남지원 2019.03.06 2019고단75
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on January 5, 2019, the Defendant was subject to restraint from E, etc., a police officer belonging to the Gyeonggi Mine Police Station D police station, who called the Defendant upon receiving a report of 112 that the Defendant would escape from disturbance under the influence of alcohol.

The Defendant, on the ground that the police officers prevented the Defendant, she saw that the Defendant she was brupted by her a large sound, such as “spath, fry, bitch, bitch bitch,” and she spathed the chest part of the police officer E three times by hand on the ground that the police officers F refrain from her control, and assaulted the chest part of the police officer F on one occasion on the ground that the police officers F refrained from her control.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Statement of witness;

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

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

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. The degree of obstruction of performance of official duties is not easy considering the Defendant’s speech, behavior, and degree of violence at the time of the crime of sentencing under Article 62(1) of the Criminal Act.

However, it is favorable that confessions and reflects, and that there is no record of the same kind of crime.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as the same sentence as the order.

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