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(영문) 수원지방법원 성남지원 2018.03.14 2017고단3417
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2017, 09:15, the Defendant left the Defendant to ask the Defendant about his personal information to the police station in order to ask him about his identity, purpose of visit, etc. when the victim E, who is the responsible police unit belonging to the above police station D, who was working for guard at the police station C located in Seongbuk-gu, Sungnam-si, Sungnam-si, 165.

“Along with sound and cell phone loss, the victim was set at one time at the right edge, bones, and chins of the victim’s cell phone.

As a result, the defendant interfered with legitimate execution of duties of guard members of auxiliary police officers, and at the same time, the defendant injured E, such as damage to the face requiring medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to data by means of a diagnostic certificate, a Cwork log, or a CCTV video recording recording;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

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 [Opinion of Prosecutor] 1 year of imprisonment with prison labor / [Judgment] 6 months of imprisonment with prison labor, and obstruction of the performance of official duties for two years of suspended execution is a serious crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus, requires strict punishment and the victim suffered bodily injury, thereby

However, the defendant's confession, and the fact that there is no record of the crime exceeding the fine is considered as favorable circumstances. In addition, this case's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered.

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