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(영문) 수원지방법원 성남지원 2020.02.06 2019고단3155
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 03:10 on December 8, 2019, the Defendant reported 112 that “the Defendant requested to report the same her to the same her her her her her her her her her her her her her her her her her her her her her her while under the influence of alcohol” at the her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her bs

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the 112 Reporting Case Handling Affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes on the 112 Reporting Case Handling Table;

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

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [No. 1] The obstruction of performance of official duties/voluntary coercion [the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months;

2. In light of the content and circumstances of the instant crime, the Defendant’s previous commission of obstruction of performance of official duties, the record that the Defendant was sentenced to a fine once as a result of the Defendant’s previous commission of performance of official duties, and that there was a significant number of records of the commission of violent crimes, not only the liability for the relevant crime but also the attitude of the Defendant’s legal order and public authority, and it seems that the Defendant’s serious punishment is essential.

However, the fact that the defendant repents the defendant's mistake in depth, the degree of violence is not very serious, and the degree of damage is not much serious since the police officer's control immediately after the assault, and the colon and colons of the defendant are the defendant.

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