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(영문) 청주지방법원 영동지원 2021.03.25 2020고단257

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2020: (a) the Defendant reported domestic violence at the Defendant’s house located in the apartment building B in the Chungcheongnamcheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do on November 29, 2020, and reported domestic violence at the Defendant’s house, and reported it to the police officer C and sloping D, who feel the complaint during the house to take separate measures, prices the front door once and the front door in the elevator with the drinking room twice, and sells it twice in the elevator, and he is under arrest from the above police officers.

As “,” at the same time, there was a threat to the above police officers, such as selling the wall of an elevator at multiple times with drinking and abstinence.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who has committed any offense heavier than that of a person who has committed any offense)

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. The scope of punishment recommended according to the sentencing guidelines for each of the defendants shall be in an ordinary competition relationship with each other.

In the sentencing guidelines, the sentencing guidelines do not provide a separate method for dealing with the commercial concurrent crimes, so it is difficult to conclude that in the case of the commercial concurrent crimes, the higher of the recommended range of individual crimes is applied, but it is necessary to appropriately refer to the sentencing guidelines in the case of the commercial concurrent crimes.

[Determination of Type] Obstruction of Performance of Official Duties [No. 1] Obstruction of Performance of Official Duties/ Forced (Special Sentencing Person] Reduction element: In a case where the degree of assault, intimidation, and deceptive scheme is minor [the area of recommendation and the scope of punishment recommended] Reduction Area, one month to eight months of imprisonment.

3. Determination of sentence: Four months of imprisonment, and one year of suspended execution, for the crime of this case;