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(영문) 수원지방법원 안양지원 2018.10.23 2018고단1398
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2018, the Defendant: (a) around 18:15, in front of the “C” restaurant located in Ansan-gu B, Mayang-si; and (b) around 19, at the time of the Defendant’s employee in the restaurant.

“A police officer affiliated with the police station D branch of the police station within Gyeyang-gu who received the report of 112, who was dispatched, committed assault, without any reason, such as destroying E’s chests over the floor of a single smuggling in order to verify the personal information of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing guidelines: One-month or eight months (the scope of the recommended punishment) of imprisonment with prison labor, and one-month (Interference with the performance of official duties and coercion of duties) of the mitigation area (one-month or eight months) of the mitigation area (the person who has been specially mitigated) of the mitigation area; and

2. Determination of sentence - Determination of favorable circumstances: Contrary facts, the fact that the victimized police officer does not want punishment; unfavorable circumstances: The fact that there has been a record of being punished for violent crimes;

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