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(영문) 의정부지방법원 2020.06.22 2020고단205

공무집행방해등

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:20 on December 29, 2019, the Defendant: (a) reported 112 that a male under the influence of alcohol was frighting; and (b) during the process of refusing to return home from E by a policeman, the police box affiliated with the police box of the Macheon Police Station D, and the police box of the Macheon Police Station who was called to the site at the site after receiving a report of 112 that he was frighting a frighting, the Defendant 200 high-class 205, and frighting the bucks of the above E, and assaulted the bucks of the E to walk.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

around 05:15 on December 22, 2019, the Defendant damaged the said vehicle to have approximately KRW 1,254,000 in repair costs, on the ground that the Defendant was placed in the G Apartment H located in Macheon-si G Apartment on December 22, 2019, and was placed towards the rear door with plastic bags containing an empty drinking disease, drinking water cans, etc., and was parked on the rear side, and was placed on the rear door to the lower end.

Summary of Evidence

"200 Highest 205"

1. Defendant's legal statement;

1. Statement to E by the police;

1. A photo of the damaged part;

1. 112 reported case handling table;

1. The video photographic materials of the 2020 Godan1273;

1. Defendant's legal statement;

1. Written Statement;

1. On-site and photographs of damaged vehicles;

1. Investigation report (field investigation);

1. Application of Acts and subordinate statutes concerning elevator image photographic data;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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: Imprisonment with prison labor for one month to seven years and six months;

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

A. Group 1 Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) (Crime 1) No obstruction of Performance of Official Duties (Class 1) (No person who has been specially punished) [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months.