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(영문) 의정부지방법원고양지원 2020.12.23 2020고단2607

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 August 9, 2020, the Defendant: (a) on August 22, 2020, at the restaurant of “C” located in “P” in “PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

The Inspector E sent a petition “Igra” and “Igar,” but the Defendant, who did not want to do so, refers to “Igk, Chewing fea, and Ignhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F’s protocol of statement to E, on-site photographing statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties (the category 1]/ the coercion of official duties (the scope of the recommended area and the punishment of recommendation] basic area, six months to one year and six months;

2. The defendant's attitude to recognize and reflect the criminal facts in the judgment of sentencing is shown.

There is no criminal offense against the defendant who has been sentenced to a suspended sentence of imprisonment without prison labor for up to ten years.

The defendant seems to have committed the crime of this case by contingency.

In addition, punishment shall be determined within the scope of recommended punishment according to the sentencing criteria by taking into account the various circumstances shown in the pleadings, such as the age, character and conduct, environment, relationship to victims, method and mode of the crime, circumstances before and after the crime, etc., and the execution of the punishment shall be suspended.