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(영문) 수원지방법원 성남지원 2020.06.09 2020고단633
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 December 15, 2019, at around 04:00, the Defendant expressed D’s desire to “C,” “C,” which was under the influence of alcohol at the cafeteria “C” restaurant located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and received a report of disturbance, and expressed D’s desire to “C,” who is a police officer, working for Sungnam Police Station E Zone 23, working for Sungnam Police Station E District 23, the Defendant called “C,” and said police officer’s desire to “C, at the time of leaving the Defendant,” and assaulted D’s face at the right end of the police.

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

Summary of Evidence

1. Application of the police statement on F of the defendant's legal statement: D, G, and H in each statement, damaged photographs (investigative record 22 pages) and the video-cape photo (investigative record 54 pages) and the statute of 54 pages;

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 scope of applicable sentences under the law for sentencing under Article 62-2 of the Social Service Order Criminal Act: the scope of recommended sentences according to the sentencing guidelines for 1 month to 5 years [decision of type] The obstruction of performance of official duties [Article 1] No person shall interfere with the performance of official duties or coercion [the scope of recommended sentences] [the scope of recommendation and recommendation] [the scope of recommendation] basic area], no person who has been sentenced to six months to one year [the general person] [the grounds for suspension of execution]] no person [the person who has been sentenced to a suspended sentence]: 6 months of imprisonment, and 2 years of a suspended sentence, the defendant found in another person's restaurant and asked the police officer who was dispatched after receiving a report, and tried the police officer, and tried the police officer to take care of the face of the police officer on the right side while taking a bath.

This shall be considered as the principal situation, but the defendant's mistake.

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