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(영문) 수원지방법원평택지원 2020.11.13 2019고단665

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 21:21 on April 30, 2019, the Defendant: (a) received a report from the police officer D belonging to the Gyeonggi-gu Police Station C District of the Gyeonggi-gu Police Station that “I have taken drinking water, so I have taken her arms by her own hand; (b) she had the police officer “I have taken her arms, so I have taken her arms,” and (c) caused the above police officer to force once again.

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

Summary of Evidence

1. Statement of D police statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes concerning a criminal video CD or a photograph of a criminal image photograph;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: A sentence of imprisonment with prison labor for six months is inevitable on the ground that the defendant, in response to a police officer's return to Korea who was dispatched after receiving a report under the state of his entry, obstructed the performance of official duties in a way that he was drinking without any justifiable reason, and that it is not known until now and the risk of recidivism is not small.

However, the punishment shall be determined as ordered by comprehensively taking into account the following factors: the assault was committed only once, the domestic criminal records do not exist; the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime; and the circumstances after the crime were committed.