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(영문) 수원지방법원 성남지원 2019.06.04 2019고단490
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Some of the facts charged were corrected.

On February 18, 2019, the Defendant, while under the influence of alcohol on February 06:25, 2019, was divingd at the events located at the entrance of Sungnam-si B apartment Cdong at Sungnam-si, and reported at 112, that “two males shall be held at the entrance of apartment,” and sent to the site by the head of the Gyeonggi Branch Police Station D Police Station, affiliated with the police box of the Gyeonggi Branch Police Station, shouldered the Defendant to check his residence.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The range of applicable sentences under the law for sentencing of Article 62-2 of the Social Service Order Act: The scope of applicable sentences under the sentencing guidelines for one to five years of imprisonment [decision of type] the obstruction of performance of official duties [Article 1] The scope of applicable sentences for the obstruction of performance of official duties] shall not be [the scope of recommended sentences] the basic area of obstruction of performance of official duties or coercion [the scope of recommended sentences] [the scope of recommendation and recommendation], six months to one year and six months [the general person] mitigation element: The decision that there is no criminal record [the grounds for suspension of execution] major pride that there is no criminal record of suspended sentence [the general pride that there is no criminal record of suspended sentence]: The decision that there is no criminal record of suspended sentence: Six months of imprisonment and two years of suspended sentence, the defendant prices the face of a police officer one time under the influence of alcohol as stated in its reasoning.

This is mainly considered in the circumstances, and there is no criminal record against the defendant, and the age, character and conduct, environment, motive, means and result of the crime are followed.

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