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(영문) 수원지방법원 성남지원 2015.05.29 2015고단605
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 14, 2015, at around 21:10, the Defendant: (a) expressed that “D” points of the operation of Sungnam-gu, Sungnam-si, Seoul-si, under the influence of alcohol and reported 112, the Defendant: (b) was a police officer affiliated with the Gyeonggi-nam Police Station Emba, which called “A request to verify his/her cellphone and CCTV”; and (c) the Defendant said that “I do not have any content recorded on a cellphone, and do not have CCTV recording, she goes home at that time; (d) was exposed to threat on his/her own; (e) the Defendant expressed his/her desire to read “A” with the left hand; and (e) he/she sawed the F’s f’s humf with a bitch, A, a bitch bitch, a bitch of f’s f’s humbage with a flue hand.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of C’s written laws and regulations

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months to 1-6 months), and there is no special person [decision of sentence] (decision of sentence] The act of evading the public authority by assaulting police officers who perform their official duties on a legitimate basis is in need of strict punishment in light of the special nature of the crime.

However, the punishment as ordered shall be determined by comprehensively taking account of the fact that the defendant led to the crime of this case and is divided into account the fact that there is no record of punishment exceeding the fine, the age of the defendant, family relationship, circumstances after the crime, and other various sentencing conditions.

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