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(영문) 수원지방법원 2019.02.14 2018고단7381
공무집행방해
Text

Defendants shall be punished by imprisonment for four months.

However, it is against the Defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 3, 2018, Defendant A: (a) around 00:15, at the Djuju shop located in Suwon-si, Suwon-gu, Suwon-si, the Defendant: (b) reported 112, and obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case.

2. On October 3, 2018, Defendant B: (a) reported that the police officer F arrested Defendant F as a flagrant offender of F’s left part of F at the Dju shop located in Suwon-si, Suwon-si, Suwon-si, as described in the foregoing paragraph (1) and obstructed the police officer’s lawful performance of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Article 136(1) of the Criminal Act; the choice of imprisonment

1. Defendants on probation: The conditions unfavorable to the Defendants for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the Defendants among the reasons for sentencing): while under the influence of alcohol, the liability for the crime is not less strict as a result of the commission of violence to police officers who called out to the scene of disturbance at the drinking house. Defendant A’s records of punishment as violent-related crimes (violation of the Punishment of Violence, etc. Act, the crime of bodily injury, the crime of interference with business, and the crime of bodily injury) are seven times (one time of suspended sentence, six times of suspended sentence), and Defendant B’s records of punishment as violent-related crimes (violation of the Punishment of Violence, etc. Act, the crime of bodily injury, the crime of interference with business, and the crime of insult to police officers) are four times (four times of a fine). Normal circumstances favorable to the Defendants: Me does not focus on the degree of the use of violence. Recognizing errors, it is contrary to the recognition of errors.

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