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(영문) 수원지방법원 성남지원 2017.04.28 2017고단604
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 25, 2017, at around 22:05, the Defendant recommended a slope C belonging to the district unit of the branch police station B of the branch police station, who was called up upon a report of a taxi officer that no guest does take place on the front of the 360-ro 42-gil 1, Sungnam-si, Sungnam-si, to have home returned to the Defendant. On February 25, 2017, the Defendant interfered with the Defendant’s legitimate execution of duties concerning the maintenance of the order of the police officer by walking up the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement statement made to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the investigation report (a wooden statement);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. [Scope of Recommendation] The basic area (from June to one year and six months) (no person subject to special sentencing) of Class 1 (Interference with and Forced Performance of Official Duties) shall interfere with the performance of official duties;

2. [Determination of Sentence] The sentencing conditions stated in the records of the instant case, such as the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined in full view of the sentence like the order.

Unfavorable circumstances: The strict necessity of obstructing the performance of official duties, the absence of damage, repeating state of action, and circumstances favorable to the records of violent crime: the means and degree of interference with the performance of official duties, contingent crimes, confession, and reflect;

3. [Whether or not a suspended sentence] An order to attend a course to prevent recidivism shall be issued on the grounds that the suspended sentence is affirmed, such as clear social ties, serious reflectness, absence of a criminal record of a suspended sentence, family members, etc.;

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