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(영문) 수원지방법원여주지원 2020.10.14 2020고단907
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

around 00:03 on July 17, 2020, the Defendant: (a) reported 112 on the street in front of the Leecheon-si, Leecheon-si, 112, and obstructed the police officer’s legitimate execution of duties concerning the handling of 112 reports by shouldering the Defendant, who was a slope D belonging to the Gyeonggi-do Police Station C District District, and E, who was under the influence of alcohol; (b) “clocks and sicks,” and flagsing the Defendant, who was under the influence of alcohol; and (c) the flag’s flaf’s flaf’s flaf’s flaf’s flaf’s flaf’s flaf’s flaf’s flaf’s flaf’s flaf’s flaf’s flaf’s flaf’s flab.

Summary of Evidence

1. The defendant's legal statement D, each police statement about E;

1. Application of related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Selection of an alternative imprisonment with prison labor under Articles 40 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 applicable sentences under law: One to five years of imprisonment;

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. Determination of sentence: Imprisonment with prison labor for not less than four months (one year of suspension of execution of sentence), and 160 hours, the defendant of a community service order not less than the degree of violence he exercised against police officers, but also did not take measures to recover from damage;

However, there is no criminal history of the defendant.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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