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(영문) 수원지방법원 2019.05.02 2019고단665
공무집행방해등
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

1. On January 12, 2019, the Defendant: (a) under the influence of alcohol from “C” located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant 22:25 on January 12, 2019, breaddddd the victim D (here, 23 years of age) with a view to provokinging the victim’s right shoulder; and (b) had the victim go beyond the victim’s right shoulder; and (c) had the victim bread, depending on the victim,

2. On January 12, 2019, the Defendant assaulted the victim’s left part of the horse, i.e., one time at the victim’s left part, and one time at the left part, and one time at the left part of the case, with the defect of H (51 years of age) who was reported and dispatched to the scene on the ground of the assault as stated in the foregoing paragraph (1) prior to the “F restaurant” located in Suwon-si, Suwon-si, Suwon-si, as stated in the foregoing paragraph (1), to restrain the Defendant from departing from the scene and to listen to the circumstances of the case.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each statement of D and I;

1. Seven photographs of damage;

1. A CD;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

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

1. The scope of punishment by law: One to seven years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Type of second crime;

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