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(영문) 수원지방법원 안산지원 2019.08.13 2019고단1976
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:45 on March 16, 2019, the Defendant: (a) controlled efranchising a efransing car from the head of the police station of the Ansan-gu, Ansan-si; (b) stated that he was requested to present his identification card; and (c) stated that “I want to control” the above D, “I am ef ch ch ch b ch ch ch ch f ch f f f f f f f f f f f f f f f f f f f f f f f f f

Accordingly, the defendant interfered with legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

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

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence: Consideration of all the circumstances, including the fact that the above sentencing factors and the defendant misleads and reflects the error, the victim desires to find the defendant's wife, and there is no criminal record exceeding twice the fine.

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