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(영문) 의정부지방법원 고양지원 2019.09.26 2019고단2098
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

At around 03:55 on July 9, 2019, the Defendant: “C Hospital” located in Pakistan, and “the son and the son incurred the son.” reported 112, and deemed that the slope E, a police officer belonging to the police station of the Pakistan, dispatched to the site, listens to the statement of a reporter, who is a reporter, and obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 report by considering that the police officer’s face was heard only the horses of the taxi engineer.

Summary of Evidence

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

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The application of the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence [the sentencing guidelines] of the obstruction of performance of official duties [the category 1] There is no obstruction of performance of official duties/performance of duties [the scope of recommendations and recommendations] basic area, the decision of sentence for six months to one year: the sentence of imprisonment with prison labor is required to establish the legal order of the state in the six months of suspended sentence and eradicate the light of public authority.

Although there was no previous conviction, around January 20, 2018, there was a record of being sentenced to a summary order of KRW 1 million due to the crime of interference with business and insult on May 25, 2018 by carrying a train crew member and threatening him/her to take a bath in the KTX vehicle and threatening him/her to take the train crew member.

However, the records and arguments of this case, including the fact that the defendant recognized the crime of this case and reflects his mistake, the circumstances of the crime of this case, the degree of violence and obstruction of public duties, the age, character and behavior, living environment, and the circumstances after the crime.

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