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(영문) 수원지방법원 안산지원 2020.06.11 2020고단1384

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On November 30, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties in the Incheon District Court’s Branch, and was sentenced to six months of imprisonment with prison labor for the crime of obstruction of performance of official duties on August 24, 2018, and the said sentence became final and conclusive on April 3, 2019, and completed the execution of the said sentence on December 3, 2019.

【Criminal Facts】

Around 00:49 on April 3, 2020, the Defendant: (a) stated that “the other party and Si expenses exist” on the front of the Dong-gu B apartment Cdong, Ansan-si, Ansan-si; (b) on the ground that the head of the police station D District D District of the Ansan-gu, the Defendant reported the Defendant 112 and did not first hear his horses, the Defendant assaulted the said police officer “if he was a reporter, and if he was sees the horses first, she is seeing, she is protruding, protruding, protruding, protruding, protruding, protruding, protruding, protruding, protruding, protruding,” and assaulted the Defendant’s right side at one time on the left face of the said police officer.

As a result, the defendant interfered with the legitimate execution of official duties of police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of statement to police officer E;

1. A report on investigation (to hear statements by police officers);

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports (period of repeated crime of a suspect and previous records of the same kind);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Application of the sentencing criteria - The aggravated area of category 1 of obstruction of performance of official duties - the sentence of recommendations: One year to four years (Aggravation: Cumulative repeated crimes of the same kind);

2. Although the Defendant, who was sentenced to criminal punishment twice for the same offense of obstruction of performance of official duties, was sentenced to criminal punishment, the Defendant again committed the instant crime against the police officer during the period of repeated crime.

The degree of violence that has been exercised is not easy.

However, the defendant recognizes his mistake.