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(영문) 수원지방법원 성남지원 2019.03.21 2019고단36
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 3, 2019, at around 01:08, the Defendant committed a assault, such as, on the top of the floor, the Defendant, at around 01:08, the following: (a) the Defendant and C, who was aware of the Defendant’s her wife in front of the Sungnam-gu, Sungnam-gu; and (b) a slope D, who was dispatched to the site upon reporting 112 of C, tried to listen to the circumstances of the instant case from the Defendant: (c) the Defendant, saying, “Isle to governance, Isle to domin, and domination.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reporting;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties: [No. 1] the obstruction of the performance of official duties/voluntary coercion [the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months.

3. Criminal liability is not absolute in light of the content of the crime determined to be sentenced, the degree of exercising tangible power, and the same kind of power;

However, it is advantageous to the fact that the defendant repents the defendant's mistake in depth, that there is no past record of punishment exceeding the fine for the last 25 years, and that there are some circumstances to consider the circumstances of the case.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Code shall be integrated and determined as ordered.

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