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(영문) 수원지방법원 안양지원 2020.06.18 2020고단577

공무집행방해등

Text

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

Reasons

Punishment of the crime

1. Around 02:00 on March 9, 2020, when the Defendant received 112 reports from a restaurant located in Mapopo-si B, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, and identified the circumstances, personal information, etc. of the instant case by the victim D, a police officer of the Mapo-si Police Station C police station, who was called at the site, who was a police officer assigned to the scene, insulting the victim publicly insultingd the victim by saying, “The victim, who was seated with interest awareness, Mapo-gu, Ma

2. The Defendant received the foregoing date, time, and place of the obstruction of performance of official duties and received 112 reports at the site, and received questioning of the police officer F in charge of the military police box and police officer D about the case, and assaulted F’s face by carrying the F’s body with his body and driving the F’s face once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement D and F written statement E to the police statement;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of the Suspension of Performance of Official Duties) / [Determination of the Punishment] Crimes of the Obstruction of Performance of Official Duties, First Category (Obstruction of Performance of Official Duties/Performance of Duties) (Scope of Recommendation and Recommendation) basic area, six months to one year and six months;

(b) Second offense (Determination of type), defamation offense, first offense (general insult and scope of recommending punishment) basic area, two months to eight months of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to ten months of imprisonment (the maximum of crimes No. 2).

3. Determination of sentence: Imprisonment with prison labor for a defendant in eight months has several times of experience that he/she was punished for violent crimes;