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(영문) 수원지방법원 성남지원 2020.05.08 2020고단256
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

Punishment of the crime

On January 23, 2020, at around 04:45, the Defendant: (a) received a 112 report to the Gwangju City B parking lot stating, “The Defendant sent a vehicle with a string of a vehicle with a string of a string,” and received a 112 report, and told the police officer slope D and E belonging to the police officer of the Gwangju Police Station C District of Gwangju Police Station, who sent out, to check whether he opened a vehicle from a string of a vehicle from a police officer assigned to the 2nd police officer, and (b) stated that the above police officer recommended the Defendant to return to Korea on several occasions, refused to return to Korea, refused to do so, and went back to the police officer, and followed by governance.”

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs photographs related to the police statement of E;

1. Application of Acts and subordinate statutes to the investigation report (related images);

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months through one year and six months.

3. The content of the tangible force used by the Defendant for the determination of sentence, and the degree of obstruction of the performance of official duties of this case shall be considered as principal circumstances.

Furthermore, the attitude of the defendant to reflect the wrong, and the fact that there is no same kind of power is favorable, and the fact that the defendant has been punished for violent crimes are considered as disadvantageous circumstances.

In addition, in consideration of the age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account the various conditions of sentencing as shown in this case.

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