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(영문) 전주지방법원군산지원 2020.08.11 2020고단257

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 12:58 on February 11, 2020, the Defendant investigated the case of assault by the Defendant before the entrance sperm of the B apartment at the Yasan-si, Yasan-si, the Defendant reported 112 that “the Defendant is disputing the residents,” and conducted an investigation, such as hearing the statements of the victim E belonging to the D District Unit at the site, the victim of the D District at the Yasan-si, Yasan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, the Defendant: (a) taken the victim’s desire to take care of the victim E; and (b) took care of the victim E by hand; (c) the wheels of the victim to take care of the victim; (d) interfere with the police officer’s legitimate performance of duties on the handling of the reported case and criminal investigation by force; and (d) caused the victim to undergo approximately 14 days medical treatment

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Each statement made by the police officer in relation to E and C;

1. Notification to a department related to 112 incident reports;

1. Statement of opinion;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] Scope of the obstruction of performance of official duties / [Type 1] No person shall be subject to the obstruction of performance of official duties / [Scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, six months to one year and six months [general person] - Where an unexpected injury occurs (no reason for suspension of execution of punishment).

3. Determination of sentence: Six months of imprisonment with prison labor, and two years of suspended sentence, the Defendant has a majority of the police officers with the same criminal records during the last ten years, such as insult of police officers or damage to public documents, and has full efforts to recover from damage.