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(영문) 의정부지방법원 고양지원 2020.02.13 2019고단3394

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 became final and conclusive.

Reasons

Punishment of the crime

On November 11, 2019, around 04:30, the Defendant, at the main point of "C" located in Yongsan-gu, Yongsan-gu, Yongsan-si, Yongsan-si, and at the same time, at the point of "C" located in "C," among the disputes about D and financial relations, he was removed from "F," and the Defendant took a bath to "C," and her hand, took a hand at the left side of "F," and her hand took one time.

Accordingly, the Defendant assaulted as above and interfered with the legitimate execution of duties by police officers concerning crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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

1. The application of the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence [the sentencing guidelines] of the obstruction of performance of official duties [the category 1] There is no obstruction of performance of official duties/performance of duties [the scope of recommendations and recommendations] basic area, the decision of sentence for six months to one year: the sentence of imprisonment with prison labor is required to establish the legal order of the state in the six months of suspended sentence and eradicate the light of public authority.

The degree of violence is not easy.

However, the Defendant recognized the instant crime and reflected his mistake.

Although there are several records of punishment for violent crime, there are no criminal records of the same obstruction of performance of official duties.

Other circumstances shown in the records and arguments of this case, such as the background of the crime of this case, the degree of interference with official duties, the age, character and conduct, living environment, and circumstances after the crime, and the recommended punishment according to the sentencing guidelines, shall be determined as per the order.