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(영문) 수원지방법원 성남지원 2016.03.25 2015고단1471
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

On July 13, 2015, the Defendant: (a) committed assault on the street in front of the D District Zone in Seongbuk-gu, Sungnam-gu, Sungnam-si, on the part of the D District District; (b) the Gyeong-gu, Sungnam-gu, Police Station Down-gu, and the Defendant was under the influence of the D District Party E, to leave the patrol vehicle to temporarily protect the Defendant in the said Zone; (c) the head of the said E was able to take once the shoulder part of the E; and (d) the Defendant’s left part of the E’s left part to walk the Defendant on a wave, with the defect left part of the E, in which the said E intends to sit the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing the use of violence photographs, DNA CCTV images;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the choice of imprisonment, and the choice of a sentence (the following unfavorable circumstances among the reasons for sentencing shall be considered):

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2007Da1448

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. [Scope of Recommendation] The basic area (from June to January to April) (no person subject to special sentencing) of Class 1 (Interference with and Forced Performance of Official Duties) shall interfere with the performance of official duties;

2. [Determination of Pronouncement of Punishment] In full view of the following circumstances, the sentencing conditions stated in the records of this case, such as the age, sex, family relation, family relation, home environment, motive and means of the crime, and circumstances after the crime, the sentence shall be determined as ordered.

Unfavorable circumstances: A crime of interference with the execution of official duties is a crime of impairing the function of the state by nullifying legitimate exercise of public authority.

Many of the defendants have been punished for the same crime (one punishment, etc.).

A favorable circumstances: The same shall not apply to cases where the means of hindering the performance of official duties, the degree of obstructing the performance of official duties, etc. are different.

The crime of this case is committed.

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