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(영문) 수원지방법원 성남지원 2018.11.28 2018고단2297
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On October 11, 2018, the Defendant: (a) on the street in front of the “Creing room located in Seongbuk-gu, Sungnam-gu; (b) on the street in front of the “Creing room” in Sungnam-gu; and (c) on the street under the influence of alcohol, the Defendant solicited the Defendant to have the Defendant returned to the Defendant’s family; (d) the Defendant’s family member was urged to have the Defendant returned to the Defendant; and (e) the Defendant “Is the contact with the Defendant.”

“Along with the large interest of “A”, the mobile phone was collected, and the above E expressed expressed “Handphone, bucker,” and the hand floor was blicked two times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to the investigation report (Interference with the performance of official duties), the list of cases to be reported, the list of cases to be reported, and the investigation report (F).

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 suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. Determination of sentence [Public Prosecutor’s Opinions] 4 months of imprisonment with prison labor / [Judgment] 4 months of imprisonment with prison labor, and obstruction of the execution of official duties 1 year of suspended execution is a serious crime that undermines the functions of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment.

However, it shall be considered in favor of the defendant, such as the confession of the defendant and the fact that there is no criminal history exceeding the fine.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the various sentencing conditions in Article 51 of the Criminal Act as shown in the records and arguments are determined to be exempted from the lower limit of the sentencing guidelines.

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