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(영문) 의정부지방법원 2020.05.11 2020고단73

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 22:13 on December 30, 2019, the Defendant: (a) sought the complaint of the result of the instant disposition and expressed his desire to “picker D (30 years of age) to be asked about the purpose of his visit from the police officer D (30 years of age) who was in his place; and (b) laid down a plastic paper on D, which contains a Korean-style plate.

As a result, the defendant interfered with the legitimate execution of duties concerning the maintenance of order such as internal service of police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Securing and analyzing CCTV video images inside a police box);

1. Other closure photographs;

1. Application of the CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties (category 1] and the absence of the obstruction of performance of official duties [the scope of the recommended area and the scope of the recommended punishment], the basic area of the obstruction of performance of official duties (the scope of the recommended area and the recommendation), six months to one year and six months.

3. Determination of sentence: The crime of this case committed against police officers performing official duties for a period of two years under a suspended sentence of eight months is deemed to be inferior to the nature of the crime.

The defendant has been subject to criminal punishment on several occasions, including punishment for violent crimes.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant reflects his mistake, and the degree and method of the assault of this case, the degree of damage, the age, character and conduct of the defendant, and the sentencing conditions shown in the records, such as the environment.