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(영문) 의정부지방법원 2019.07.04 2019고단983

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 16:45 on February 7, 2019, the Defendant: (a) sent to the Dongi-si Building B, the second floor’s dwelling area of the Defendant, and the police officer E belonging to the Gyeonggi-gu Police Station D District D District, in which the Defendant reported 112 as domestic violence against wife C, intended to listen to the statement by separating C and the Defendant; (b) sent to the floor of the cell phone; and (c) when the Defendant was arrested as a flagrant offender in the assault case, the Defendant shicked the said police officer with the desire to “F son son son son son son son son son, tax, close to f son son son son son son son son son son son son son son son, and followed F’s face by sucking his head after checking the Defendant’s face report.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in C and F;

1. The application of Acts and subordinate statutes to the 112 Reporting Case Handling Statements, photographs and opinions;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] that the person concerned has no obstruction of the performance of official duties or coercion (type 1) (the scope of recommending punishment] (the scope of recommending punishment), six months to one year and six months (basic area).

3. The crime of this case committed by the Defendant was committed by domestic violence caused by the Defendant, obstructing the investigation by leaving the police station, such as leaving a cell phone, leaving the police station, pushing the chest of the police officer, and obstructing the police officer’s performance of official duties by taking the face of the police officer while taking a bath to the police officer when he was arrested as an offender in the act of committing a crime. Thus, the nature of the crime is very poor in light of the background, method, mode, etc. of the crime.

In this case, the damaged police officer was damaged by the infant, and the defendant was urged to strong punishment.

This trend of public power is eventually shaking the foundation of social order and the general public.