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(영문) 수원지방법원안산지원 2020.12.10 2020고단1979
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

Around 04:45 on May 5, 2020, the Defendant took a bath at a large interest in the front and front corner of the Dong-gu, Ansan-si, Asan-si, and was called for a telephone call, and received a 112 report at the nearby assault site, and expressed that “the voice during the new wall time zone is cut off” was requested by An Annsan-gu, the Police Station, and a police box of the Ansan-gu, the Defendant called “a scambling during the new wall time zone” from A, and expressed that “a scambling or treatment of scams" was “a scambling or treatment of scams of D’s chest at one time, the head of D’s chest was pushed and scambed on the breast part of D’s chest, and scambling and scambling the breast part of D’s breast on the breast part of D.

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, community service, or Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;

2. The Defendant, at the time of the new wall time, expressed a great desire in the street, and received a demand from the victimized police officer to lower the voice, and obstructed the performance of official duties by assaulting the said police officer.

In addition, the defendant was sentenced to imprisonment with prison labor for the same kind of crime on June 2018 and was sentenced to a two-year suspended sentence for the same crime at that time, and the judgment became final and conclusive at that time, but was still still under suspended sentence, and the possibility of recidivism is greater.

However, after the defendant has divorced from her husband, he/she supports his/her three children by negligence.

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