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(영문) 수원지방법원 성남지원 2016.09.23 2016고단2191
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 18, 2016, at around 22:40, the Defendant: (a) reported at the Defendant’s house located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, D1, that “the husband is incidental to drinking alcohol;” and (b) performed a dangerous act, such as gathering air clean air air conditioning in the inside bank while the police officer called to the site after receiving a report from 112, that “the husband was on drinking alcohol;” and (c) f, who was dispatched to the site by the head of Sungnam-gu Police Station Ear-gu, Sungnam-gu, the reported person, was the reporter’s statement; and (d) f, f, f, f, f, f, f, f, e.g., f., g., g., f., f., f.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported duties and the maintenance of public order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of statutes on site photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act that has no criminal record of suspended execution for the last ten years or more;

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

1. [Scope of Recommendation] The basic area (from June to January to April) (no person subject to special sentencing) of Class 1 (Interference with and Forced Performance of Official Duties) shall interfere with the performance of official duties;

2. [Decision of Pronouncement of Punishment] The defendant's unfavorable circumstances [including multiple violent crimes (including four times the actual sentence), necessity of obstructing the performance of official duties], favorable circumstances (the confession, reflectivity, and not causing any injury to a victimized police officer) and the defendant's age, sex, criminal conduct, family relation, home environment, motive and means of the crime, circumstances after the crime, etc. shall be taken into consideration, and the sentence like the order shall be determined.

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