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(영문) 수원지방법원 안양지원 2020.06.12 2020고단223

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 30, 2019, around 09:38, the Defendant: (a) at the Defendant’s house located in the Manandong-gu B apartment C, Annyang-si, Annyang-si, Annyang-si, the Defendant reported on 112, and “domestic violence” (hereinafter “domestic violence”), sent to the Defendant’s house by the head of the police station affiliated with the D Zone D Zone D District, Ansan-gu, Annyang-gu, Annyang-si, the Defendant: (b) who entered the Defendant’s house, “A. L. L. L. L. L. and L. L. L.,” and the Defendant assaulted the Defendant’s chest by

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal report (to attach CD-recordings);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Scope of recommendations according to the sentencing guidelines: Imprisonment with labor for one to eight months (decision on the type of imprisonment), the obstruction of performance of official duties [No. 1], the obstruction of performance of official duties/performance of duties (special sponsor): Where the degree of violence, intimidation, and deceptive schemes is minor (the scope of the recommended field and the recommended range of the recommended range), the reduced range of imprisonment with labor for one to eight months;

3. The defendant who has received a report on 112 domestic violence and exercised violence against the police officer who called up to the scene of domestic violence and called up to the scene of domestic violence. The nature of the crime is bad;

In light of the fact that the denial of the 112 report was at the police before the police, the defendant's ordinary violent tendency would be taken into consideration.

Nevertheless, the defendant's domestic violence is justified because his or her father's his or her father's his or her father's father's father was born.

However, in full view of the fact that the defendant has no record of criminal punishment in addition to a fine once, and other various sentencing conditions, the suspension of execution and violent therapy are applied.