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(영문) 춘천지방법원 2021.03.09 2020고단1388

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended between one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On October 27, 2020, at a restaurant located in Chuncheon-si B around 21:09, the Defendant assaulted the Defendant, who received a report from the head of the Gyeongcheon Police Station C branch of the Chuncheon Police Station, on the 112 report that “Is home,” and called “Is home,” “Is home,” who called “Is home,” from the head of the Gyeongcheon Police Station C branch of the Chuncheon Police Station, called “Is home,” and tried to display the above D’s face, and attempted to do so (see, e.g., evidence record No. 15 pages). Accordingly, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal report (a DNA camp analysis);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the type 1] interference with the performance of official duties or coercion of duties [the person subject to special sentencing] - mitigated factors: In a case where the degree of assault is minor (which applies to the person subject to general sentencing favorable to the defendant] (the territory of recommendation and the scope of recommended punishment] mitigated area, one month to August of imprisonment

3. Determination of sentence: Imprisonment with prison labor for six months and one year and six months under suspension of execution;

A. The Defendant committed a crime interfering with the performance of official duties and suspended the execution in 2009.