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(영문) 의정부지방법원 2020.10.07 2019고단5305

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 26, 2017, the Defendant was sentenced to imprisonment with prison labor for an injury, etc. by the District Court of the Republic of Korea on April 3, 2018 and completed the execution of the sentence on April 3, 2018.

On September 14, 2019, at around 10:19, the Defendant: (a) was at the center of “C” located outside Dongducheon-si B, and (b) was requested by the police officer affiliated with the Dong Duducheon Police Station D police box, who was dispatched after receiving 112 a report, to re-enter the above main points to the above E, and was pushed off once.

As above, the Defendant assaulted a police officer to interfere with the police officer’s legitimate performance of duties concerning the handling of 112 reports and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records in the judgment of the police report on the investigation of the 112 Report Report List on the 112 Report Report Report Report (CCTV attachment, CD exclusion): the application of criminal record inquiry report (A) and personal accommodation-related Acts and subordinate statutes;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment;

2. Determination of sentence: The defendant has been punished several times for violent crimes, including the past who has been punished twice as a crime of obstruction of performance of official duties.

In particular, the Defendant was sentenced to one year and two months of imprisonment on June 26, 2017, and committed the instant crime without being aware of the fact that the execution of the sentence was completed on April 3, 2018.

On April 12, 2019, the Defendant committed the instant crime even though he was sentenced to a fine by the court of first instance on April 12, 2019 with respect to a special assault crime committed after the execution of the said punishment was completed, and only five months thereafter, committed the instant crime.

The possibility of criticism against the defendant is high.

except that the defendant is in this Court.