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(영문) 의정부지방법원 2019.07.25 2019고단1089

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 18:30 on January 23, 2019, the Defendant received a 112 report that “any wals will do not do so,” and the Defendant was called to the site and expressed his identification card to identify the identity of F after being identified as a person who was not the Defendant, at the time of being called to the site upon receipt of a 112 report to the effect that “any wals will do so.” The Defendant was demanded to present his identification card from the head E and police officer belonging to the Ku Government Police Station D Zone D, and that the Defendant was called to the said E, and then the plastic paper containing walks that contain walk’s bals that were put to the said E.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported case by the above E and F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. E statements;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for up to one year and six months (Scope of recommendations). There are no basic area (referring to six months to one year and six months) of the obstruction of performance of official duties.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after crimes, for six months of imprisonment, one year of suspended sentence, and others.

3. Unfavorable circumstances: The circumstances favorable to the use of violence against two police officers: The confession of the crime of this case and the fact that there is no record of crime other than the fine twice.