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(영문) 의정부지방법원 2020.04.10 2019고단4699
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 21, 2019, the Defendant received 112 reports from the head of the Dong-gu Police Station D District Unit of the Gu Government Police Station, which called “C” in front of the 11:00 House on September 5, 2019, and received a request for returning home several times from the head of the Dong-gu Police Station D District, which called “C does not go to the drinking customer,” but attempted to go to go to the roads of the above E, and the Defendant prevented the above E from doing so. The Defendant expressed a bath to the above E, “I am to the drinking fris,” and sold the above item of the E once in drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the CD 1 statute

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

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: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] of the obstruction of the performance of official duties [Type 1]/ No person shall be subject to the obstruction of the performance of official duties [the scope of recommended and recommended punishment] (the scope of recommendation field and recommended punishment] basic area, six months to one year and six months [no person who is a general person] [the grounds for suspension of execution of punishment].

3. Determination of sentence: The instant crime of violence committed by the Defendant for eight months in imprisonment or two years in stay of execution against a police officer in the course of performing official duties even though he/she was prior to a crime of violence needs to be strictly punished in order to establish public authority and social legal order.

However, it is recognized that there are favorable circumstances such as the confession and reflect of the crime of this case in this court, the fact that the defendant has deposited some money against the victimized police officers, the fact that the defendant appears to have reached the crime of this case under the influence of alcohol, and the fact that there was no criminal conviction heavier than the fine, and the sentencing guidelines, the age, character, character, environment, etc. of the defendant.

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