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(영문) 수원지방법원 성남지원 2020.01.07 2019고단2629
공무집행방해
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A defendant shall be punished by imprisonment for six 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

On September 7, 2019, at around 00:0 on September 7, 2019, the Defendant was arrested as a flagrant offender from the head F of the Gyeonggi-gu Police Station E zone belonging to the Gyeonggi-gu Police Station E zone, which was dispatched after receiving 112 reports at the main point of "C" of the third floor located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, and used the Defendant to walk from the elevator of the above main point of view to the back of the above F's backend body.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months through one year and six months.

3. Although the degree of obstruction of performance of official duties in the instant case’s sentence is not somewhat minor, the sentence shall be determined as ordered, taking into account the following factors: (a) the Defendant’s confession and reflects the Defendant’s crime; (b) the Defendant’s primary offender who has no criminal record; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime

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