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(영문) 수원지방법원 안양지원 2018.08.14 2018고단644
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 12, 2018, the Defendant, in multi-household stairs located in the Dong-dong-dong-dong-dong-dong-si around 02:10 on March 12, 2018, and “the Defendant is slick in the corridor and sound.

“A police officer D and security guards E of the king Police Station C District of the Gyeonggi Police Station, who was reported 112, attempted to go out of the Defendant and go out of the Defendant, and Party A’s own “I” of the king Police Station C District.

Gins, Chewing strings, dies and discarded.

"In doing so, I ambling D with her hand with breath, pushed off D's breath, and flabed E's breast with her hand over the stairs.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. The first reporter’s statement;

1. Application of Acts and subordinate statutes governing damage and on-site photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Scope of the recommended punishment on the sentencing guidelines: Where the degree of interference with the execution of official duties is minor, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months), one month to eight months (the scope of the recommended punishment).

2. Determination of sentence - Determination of favorable circumstances: The fact that the person is against nature and behavior of the defendant - Unfavorable circumstances: The fact that there are several records of punishment due to violent crimes, etc. - the character and conduct of the defendant - the circumstances of the crime, circumstances after the crime, etc.

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