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(영문) 전주지방법원 군산지원 2019.11.22 2019고단1269

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 14, 2019, at around 05:55, the Defendant: (a) reported 112 on the side of the “Crown” way in the Sinsan City B; (b) instructed the Defendant to return home upon questioning of the circumstances during which he was seated by E during the military police box affiliated with the military police station, and (c) assaulted the parts of E of the above circumstances with the left hand at one time.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes of one video CD;

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

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

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 type] The obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the recommended punishment] There is no person [the person who is a special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months [the person who is a general person] [the grounds for suspension of execution] - The grounds for suspension of execution of general pride: The person who has a serious reflect or a person who has

3. Determination of sentence: The sentencing factors favorable to the fact that the defendant for five months in imprisonment or one year in suspended sentence appears to have committed the instant crime by contingency while in prison, and that there is no same kind of crime and only the only amount of punishment sentenced to a single fine due to drunk driving, and the crime of obstruction of performance of official duties is an offense detrimental to the State’s functions by hindering the legitimate exercise of public power, and the punishment is determined as ordered in consideration of the age, character and conduct, circumstances of the crime, etc. of the defendant.