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(영문) 수원지방법원 성남지원 2017.05.31 2017고단371
공무집행방해
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 February 8, 2017, 19:40 around Gwangju City, the Defendant requested the Defendant to verify the status of the police box affiliated with the Gyeonggi Police Station C commander of the Gyeonggi Police Station C commander of the Gyeonggi Police Station, dispatched after receiving a report on the protective measures for the drinking workers in front of Gwangju City on February 8, 2017.

“To take a bath with a large sound, and to prevent the reporter E from putting him into a way.”

D interfered with legitimate execution of duties concerning D's 112 mobilization measures, such as walking a 4-time son, assaulting D's breasts at one time by drinking, etc., who are police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E written statements;

1. 112 Application of the report processing department, victim photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

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] Imprisonment with prison labor for 1 year and 6 months / [Judgment] Imprisonment with prison labor for 6 months, and obstruction of performance of official duties for 2 years of suspended execution is a serious crime that undermines national functions by nullifying legitimate exercise of public authority, and thus requires strict punishment.

However, considering the facts that confession and reflect, the fact that there is no record of the same kind of crime, etc., a punishment shall be determined within the scope of the recommended punishment in accordance with the sentencing guidelines and the execution of the punishment shall be suspended by taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, etc., together with the various sentencing conditions of Article 51 of the Criminal Act as shown in the records and arguments of the case,

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