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(영문) 수원지방법원안양지원 2020.08.14 2020고단926

공무집행방해

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 11, 2020, around 20:40 on April 20, 2020, the Defendant: (a) reported 112 that he walked from the door door to walk and avoided the disturbance; and (b) received a report from E to the scene, the Defendant: (c) took the act of disturbance from the police box belonging to the Kunang Police Station, sent to the scene; and (d) took the questioning of the details of the report, she took the bath, she took the bath, she took the her face at his/her hand, and assaulted E on his/her hand.

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. 112 reported case handling table;

1. Application of the Acts and subordinate statutes to investigative reports (the analysis and attachment of images of victims);

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 on orders to provide community service and attend lectures;

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

2. Scope of recommendations according to the sentencing guidelines: From six to one year and six months (decision of type] of the obstruction of performance of official duties: [Article 1] There is no obstruction of performance of official duties or coercion of duties [Article 1] [Article 1] [Scope of recommendations and recommendations] basic area, six months to one year and six months of imprisonment.

3. The Defendant, who was sentenced to a fine on several occasions as a crime of violence, committed a crime of obstruction of performance of official duties in 2008, and in particular, under the influence of alcohol, the Defendant, while under the influence of alcohol, interfered with the performance of official duties by causing disturbance to the police officer, taking a bath to the police officer, and exercising violence.

However, the fact that the defendant acknowledges and reflects the mistake after he was left in the same manner, that the defendant's previous division was ten years prior to the defendant's previous division, and other sentencing conditions shall be determined as the same as the order.