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(영문) 춘천지방법원 강릉지원 2020.06.18 2020고단205

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On February 21, 2020, the Defendant: (a) expressed that he was asked to the police officer belonging to the Gangseo River Police Station C District District of Gangseo River Police Station, who was called on February 21, 2020 after having received 112 reports in the street near Gangseo-si B, and was asked to ask questions about the personal information, such as telephone numbers, etc., to the police officer belonging to the Gangseo River Police Station C District of Gangseo River Police Station, and expressed that “Nee is fright, bitch, bitch, bitch, bitch, bitch, bitch, bitch, bitch, etc., on several occasions by hand, sealed D’s shoulder

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Circumstances unfavorable to the determination of sentence: (a) a serious punishment is required for the crime of obstruction of performance of official duties for the purpose of establishing a state’s legal order and eradicating the light of public authority; (b) a defendant committed the crime of this case even though he had the past record of having been punished due to violent crimes, obstruction of performance of official duties, etc.; and (c) the defendant’s crime of this case appears to have high risk of reoffending in light of the criminal history and the record of violent crimes: The defendant recognized and reflects the crime; and (d) the defendant’s age, character and behavior, environment, details of the crime, circumstances after the crime, and other various sentencing conditions specified in the instant records and arguments,

Public Prosecution Rejection Parts

1. The facts charged.