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(영문) 수원지방법원 성남지원 2019.10.23 2019고단1513
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:57 on June 8, 2019, Defendant A requested a restaurant proprietor to show CCTV images at the 'D' restaurant located in Seongbuk-gu, Sungnam-gu, Sungnam-si, but refused to do so, Defendant A committed assault, such as, on his hand, the lower part of the chest F of the said slope F, which was requested by the Defendant to go to a restaurant at the restaurant, on his own hand, after receiving 112 reports that the Defendant would interfere with his business.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers related to 112 reported duties.

2. Defendant B, at the time and place specified in Paragraph 1, arrested Defendant B in the act of committing the crime of obstructing official duties, as stated in Paragraph 1, and caused the above slopeF’s chest part of the said slopeF, where he saw B to blue B, and the above slopeF’s chest part of the said slopeF, where he was given a warning from the above slopeF, and assaulted Defendant B again to have the chest part of the said slopeF’s chest part.

Accordingly, the defendant assaulted police officers to handle 112 reported duties and interfered with the legitimate execution of duties by police officers related to the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, and H;

1. A written statement of I;

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

1. Relevant provisions concerning the facts constituting an offense and the Defendants who choose the penalty: Article 136 (1) of the Criminal Act;

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing following the following grounds);

1. Defendants of a community service order: The scope of the recommended sentence according to the sentencing guidelines for sentencing of Article 62-2 of the Criminal Code [decision of a sentence] is the scope of the obstruction of performance of official duties [Type 1], the scope of the obstruction of performance of official duties [no special person], and the scope of recommendation.

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