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(영문) 수원지방법원 성남지원 2018.07.18 2018고단1135
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 03:50 on March 24, 2018, at the main point of “C” located in Sungnam-si, A, where he was reported to the effect that customers are under the influence of alcohol, and the Defendant’s female-friendly equipment was broken out, the Sungnam Police Station Down-gu, the Sungnam Police Station Down-gu, the Sungnam Police Station, where he was called out, and the Defendant was able to take care of the Defendant’s female-friendly equipment. The Defendant, on the ground that he was able to take care of the Defendant’s female-friendly equipment, “Is son, Is son,” and, on the other hand, was arrested as a flagrant offender under suspicion of interference with the performance of official duties and was arrested at the back of the police patrol, she sawed me to fright the Defendant’s atmosphere at the Sungnam Police Station in Sungnam-nam, the Defendant continued to sit at the right side of the Defendant’s seat.

As above, Defendant assaulted police officers, thereby obstructing police officers’ legitimate performance of their duties on handling reports and arresting flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

1. Application of the Acts and subordinate statutes governing the report of investigation, photographs of damage, and the list of cases to be reported;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the aggravated area (one year to four years) (a person who interferes with the performance of public duties and coercion of duties) (one year to four years) (a person who has been specially increased] of the increased area (a person who has suffered a large number of public officials).

2. Determination of sentence [Public Prosecutor’s Opinion] 1 year of imprisonment / [Judgment] 6 months of imprisonment, and obstruction of performance of official duties for 2 years of suspended sentence is a serious crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus requires strict punishment. Therefore, imprisonment is chosen.

However, the fact that the defendant is led to confession, and that there is no criminal history exceeding the fine, etc. are considered as favorable circumstances.

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