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(영문) 의정부지방법원 2019.03.26 2018고단3578
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On May 23, 2018, at around 22:10, the Defendant: (a) received 112 reports from “C” house in Namyang-si, Namyang-si; (b) received a request for returning home from the slope E and sloping F of the Police Station affiliated with the Police Station of Namyang-gu, which called the face outside of the above drinking house; and (c) took a bath to the E at a large amount close to the face of E; and (d) received a request for returning home on several occasions by the E, the Defendant assaulted the E’s chest with her hand, and assaulted the E’s face part at one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of photographic Acts and subordinate statutes after capturing a photograph;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Considering that the nature of the instant crime is not good, strict punishment against the Defendant is necessary.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered in consideration of the fact that the defendant has no criminal record exceeding the fine.

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