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(영문) 수원지방법원 성남지원 2019.05.22 2019고단668
공무집행방해등
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

1. Around 20:40 on March 1, 2019, the Defendant reported to 119 the Defendant, who was used on the floor in front of the management office in Seongbuk-gu, Sungnam-gu, Sungnam-si, to 119, and assaulted the victim D, who is a social work personnel waiting for error of 119, by taking the victim’s face into consideration, and by taking the victim’s face back, who continued to be obsced, as his head.

2. The Defendant: (a) committed an act of obstruction of performance of official duties on the date and time, at the place, and at the place, a police officer, who was a police officer belonging to the F Zone G, who was called out after having received a report of 112 that the perpetrator was interested in the interest; (b) committed an act of assaulting the direction of the border H’s right edge by a police officer, who was a police officer belonging to the F Zone G, and that he tried to see by causing the Defendant’s petitioning the Defendant; and (c) the left right edge of G’s her face and her face her face her face her face her face, with the Defendant’s escape of the left right edge

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D, E, G, and H;

1. Application of Acts and subordinate statutes on violence-related photographs;

1. Article 260 (1) of the Criminal Act and 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) [Obstruction of Performance of Official Duties] / Forced Performance of Official Duties (Special Aggravation) - Aggravated element: Where there are many public officials who have suffered damage, the area of the recommendation and the scope of the punishment of recommendation] increased, one year to four years of imprisonment;

(b) Second crimes (determination of types of violence) and violent crimes.

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