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(영문) 수원지방법원 성남지원 2017.05.31 2017고단1092
공무집행방해
Text

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

Reasons

Punishment of the crime

[criminal record] The defendant was sentenced to a suspended sentence of two years on October 6, 2016 to a suspension of execution on June 14 of the same month, due to interference with business in the Sungnam Support of Suwon Friwon, and the above judgment becomes final and conclusive on the 14th of the same month, and is currently in the grace period

[2] On January 21, 2017, the Defendant: (a) was on the street in front of “D marina” located in the Sinnam-si, Sungnam-si, which was reported by the Defendant on January 21, 2017; and (b) was demanded by the Defendant to return home from her assistant F, a police officer belonging to the Sung-nam Police Station Emba, who was called for by the Defendant after receiving a report on the 112 that the Defendant frighted the fright, and went back to the bridge of the said police officer; and (c) was sleeped with the Defendant’s chest of the said police officer on his hand.

Accordingly, the defendant assaulted the above police officer and interfered with legitimate execution of duties concerning the maintenance of order of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation reports, on-site photographs, and investigation reports (scephy bronic videos);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. Determination of sentence [Public Prosecutor’s Opinion] 1 year of imprisonment with prison labor / [Judgment] 6 months of imprisonment is a serious crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires strict punishment, and the Defendant was sentenced to a suspended sentence of imprisonment with prison labor, and thus, subject to imprisonment with prison labor.

However, it takes into account the facts that confession and reflect, the fact that there is no record of the same kind of crime, etc. into consideration in favorable circumstances, and Article 51 of the Criminal Act, which are shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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