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(영문) 수원지방법원 성남지원 2019.02.13 2018고단2800
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On January 24, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for special obstruction of performance of official duties by the Suwon District Court on May 12, 2018 and completed the execution of the sentence at the Suwon Detention House.

【Criminal Facts】

At around 03:00 on November 27, 2018, the Defendant: (a) received a report of 112 that “I wish to know where I would be under the influence of alcohol;” (b) sent to E officers belonging to the Sungnam Police Station D District Unit of the Sungnam Police Station D District, Sungnam Police Station, which called “I am under the influence of alcohol;” (c) received the receipt from the above main employees; and (d) sent to E, “I am under the influence of I I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I

Accordingly, the Defendant interfered with legitimate execution of duties concerning the handling of reported cases by E 112, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Damage photographs;

1. Previous records of judgment: To apply investigation reports, criminal records, replys to criminal records, and investigation reports (verification, etc. of a suspect's repeated crime)-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for the sentencing of Article 35 of the Criminal Code among repeated offenders [Scope of Recommendation] The reason for the sentencing of Article 35 of the Criminal Code [In the case where the degree of violence, intimidation, deceptive scheme, or obstruction of public duty is minor (a person who is a special mitigation) [a] mitigated area (a person who is subject to special mitigation] / The fact that there is a confession and reflect on favorable circumstances: the fact that the person is a contingent crime, the degree of damage is not significant - The fact that violent crime, such as obstruction of public duty, has reached many times, and the fact that the person repeats the crime even though he is a repeated crime - The fact that he/she is committed again while he/she is a repeated crime - Other records such as the defendant's age, occupation, character and behavior, family relationship, living environment

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