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(영문) 의정부지방법원 고양지원 2020.01.31 2019고단3472

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months and a fine of one hundred thousand won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

At around 01:00 on November 13, 2019, the Defendant: (a) expressed his identification card to the person who was requested to present his identification card and identification card to the head of the above border in order to stop him on the floor; and (b) assaulted upon the face of the above bridge, the Defendant sent to C, the border of the Goyangyang Police Station B, who was dispatched after being reported 112 on November 13, 2019, for a large amount of sound, without any justifiable reason. (c) frightened on the floor; (d) frightened on the floor; (d) frightened on the floor; (e) frightened on the floor; (e) frightened on the floor; and (e) frighted on the wall; and (e) frighted on the wall.

As a result, the defendant spits or spits a police officer's legitimate performance of duties on the handling of 112 reported cases, and at the places where many people frequent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties, choice of imprisonment), and Article 3 (1) 12 of the Punishment of Minor Offenses Act (the point of violation of the Punishment of Minor Offenses Act and choice of fines);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. Determination of the sentence of obstruction of the performance of official duties needs to be strictly punished for a crime detrimental to the function of the State by nullifying the legitimate exercise of public authority.

On the other hand, the defendant recognizes all of the crimes of this case and reflects his mistake, and is subject to criminal punishment other than that sentenced once to a fine due to insult.